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2026 DAILYLAW 4845 (ALL)

ANKUR v. STATE OF U.P.

NABAIL/8194/2026 · 2026-09-07

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8194 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Learned counsel for the applicant has filed a supplementary affidavit explaining the criminal antecedents, which is taken on the record. 2. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 360 of 2026, under Sections 109(1), 3(5) of the B.N.S., 2023 and Sections 3/25/27 of the Arms Act, Police Station – Badaut, District Bagpat, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 4. The Learned counsel for the applicant contends that this is a false case in which the applicant has been implicated. Although the FIR has been registered for offence under Section 109(1) of the BNS along with other sections, however, this is a case involving no injury. On the contrary, one of the accused supposedly arrested on the spot, was shot at by the police supposedly in retaliatory firing to the one made by the accused persons. The applicant is stated to have escaped from the spot. 5. The Learned A.G.A. has opposed the prayer for bail and has contended that the applicant is a repeat offender. He had fired upon the police and it is only a matter of good fortune that the police personnel did not receive any injuries. Learned A.G.A. has not denied the explanation of the criminal antecedents. 6. I have considered the submissions made by the Learned counsel for the Versus Counsel for Applicant(s) : Endoo Kumari, Sanjay Kumar Mishra Counsel for Opposite Party(s) : G.A. Ankur .....Applicant(s) State of U.P. .....Opposite Party(s) parties. 7. It is a case involving no injury. One of the accused, supposedly arrested by the police, was shot at by the police supposedly in retaliatory firing. The applicant is stated to have escaped from the spot and his name has been disclosed in the confessional statement of the co-accused Kartik and Chirag. In the opinion of the Court, taking note of the explanation given by the applicant with respect to his criminal antecedents, there is least likelihood of the applicant repeating the offence in question. As observed above, this is a case involving no injury and the name of the applicant has surfaced in the confessional statement of the co-accused which, in the opinion of the Court, does not rule out false implication of the applicant. 8. Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Ankur, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned, with the following conditions:- i. The applicant shall make himself available for interrogation by a police officer as and when required; ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; iii. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be NABAIL No. 8194 of 2026 2 considered to be an opinion on the merits of the case. September 8, 2026 Kushal NABAIL No. 8194 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad