Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 4882 (ALL)

PUSHPENDRA KUMAR v. STATE OF U.P. AND ANOTHER

NABAIL/8773/2026 · 2026-09-07

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8773 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 180 of 2026, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station- Civil Lines, District Moradabad, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant submits that the applicant is not named in the FIR. The co-accused Bittu Singh, who is said to be the transporter, has been granted anticipatory bail by this Court in NABAIL No.4476 of 2026. The allegations are against the nominated accused of manipulating the electronic weighing machine and misappropriating sugarcane. Learned counsel for the applicant has contended that the applicant has a criminal history of one case, in which final report has been submitted. 4. Learned AGA has opposed the prayer for bail, however could not dispute the fact that the case of the applicant stands on a similar footing to that of the co-accused Bittu Singh. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant is not named in the FIR. Co-accused Bittu Singh has been granted anticipatory bail by this Court. The co-accused Bittu Singh is stated to be the transporter who used to transport sugarcane, the weight of which Versus Counsel for Applicant(s) : Ajay Kumar Dwivedi, Krishna Dutt Tiwari Counsel for Opposite Party(s) : G.A. Pushpendra Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) had been interpolated. The allegation is that for the financial year 2025-26, nearly 26 quintals has been the loss caused due to wrongly showing the weight of laden and unladen vehicles. The applicant is said to be the person, who had been engaged for the purpose of weighing the vehicles in question. The transporter Bittu Singh has been granted anticipatory bail by this Court. The co-accused Vishal Kumar has been granted anticipatory bail by this Court in NABAIL No. 8730 of 2026. The criminal history of the applicant has been satisfactorily explained. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant-Pushpendra Kumar, he shall be released forthwith in the aforesaid case crime on anticipatory bail on 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. that 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. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 8, 2026 Sartaj NABAIL No. 8773 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad