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2026 DAILYLAW 5035 (ALL)

ANAS v. STATE OF U.P.

NABAIL/8534/2026 · 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. - 8534 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.73 of 2023, under Section 413 IPC, Police Station- Ganjdundwara, District Kasganj, 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 has contended that the applicant and the co-accused were falsely implicated and were arrested by the police supposedly in possession of stolen two-wheelers. The applicant was produced before the concerned court and applied for bail which was granted by the concerned court vide order dated 23.3.2023. The investigation kept on pending and later, the charge sheet has now been filed along with other offenses for the added offense under Section 413 IPC. 4. Learned counsel for the applicant states that pursuant to the filing of the charge sheet, the applicant apprehends his arrest. The applicant shall cooperate in the expeditious disposal of the trial and will not abscond and tamper with the evidence, he may be considered for grant of anticipatory bail. 5. Learned AGA has opposed the prayer for bail and has contended that Versus Counsel for Applicant(s) : Pankaj Kumar Sharma Counsel for Opposite Party(s) : G.A. Anas .....Applicant(s) State of U.P. .....Opposite Party(s) once the charge sheet has been filed, there is no apprehension of arrest. The applicant may appear before the concerned court and may apply for bail. 6. I have considered the submissions made by learned counsel for the parties. 7. The applicant is on bail for the offense under Sections 411 and 414 IPC. There is no allegation against the applicant of tampering with the evidence, not cooperating with the investigation, or otherwise absconding. Offense under Sections 411 and 414 IPC are triable by any Magistrate but the offense under Section 413 IPC is triable by court of session. 8. Taking note of the entire facts and circumstances of the case, especially the fact that present case applicant has no other reported criminal history to his credit, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Anas, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each 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; NABAIL No. 8534 of 2026 2 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 considered to be an opinion on the merits of the case. September 8, 2026 S.A. NABAIL No. 8534 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad