RAM KUMAR AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/8528/2026 · 2026-09-07
Rajiv Lochan Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5092 (ALL) · dailylaw.ai ]
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. - 8528 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, 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 applicants in Case Crime No.56 of 2025, under Sections 191(2), 190, 115(2), 351(3), 109(1) B.N.S., P.S.- Khandauli, District- Agra, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the First Information Report has been lodged with a delay of three days against six named accused and ten to twelve unknown persons with the allegation that the applicant and the other accused had beaten the informant and his brother using lathi danda and sariya.The injuries suffered by the injured are not dangerous to life.The informant is a village Pradhan and with great deliberations and political motive after three days the names of the accused have been introduced. A charge-sheet had been filed by the police amongst other offences under Section 110 BNS which on the application of the informant was sent for further investigation and during further investigation Section 109(1) of the BNS has been added by the police. The applicant has no criminal antecedents. The co- accused Manohar Singh has been granted anticipatory bail in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5305 of 2026. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has contended that the injured Rajkumar has received a grievous injury in the form of fracture of frontal bone which is an injury which could be dangerous to life. Versus Counsel for Applicant(s) : Arun Kumar Vishvakarma Counsel for Opposite Party(s) : G.A. Ram Kumar And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. The applicant was not arrested during investigation. The first charge sheet was submitted amongst other offences for offence under Section 110 BNS.
Presently further investigation is continuing in which Section 109(1) of the BNS has been added.There is no allegation against the applicant of not cooperating with the investigation or otherwise tampering with the evidence.The First Information Report has been lodged with a delay of three days when the informant is stated to be the Gram Pradhan of the village. 7. Taking into account the entire facts and circumstances of the case, the number of accused nominated in the First Information Report, the number and nature of injuries suffered by the injured who are two in number and also the fact that there is a cross version of the incident in which the accused side also claims to have received injuries, I deem it appropriate to grant anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed. 9. In the event of the arrest of the applicants Ram Kumar, Ravi Jurail, Anshul Agrawal, Pradeep Thenua, Sonveer Singh @ Sonu and Monveer Singh @ Monu, they 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 applicants shall make themselves available for interrogation by a police officer as and when required; ii. that the applicants 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants 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. NABAIL No. 8528 of 2026 2
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 Sachin NABAIL No. 8528 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad