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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9174 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, Shri Devesh Kumar Sharma, learned counsel for the informant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.482 of 2026 under Sections 191(2), 191(3), 190, 115(2), 109, 352 BNS, Police Station- Jaint, District Mathura, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant has contended that although the applicant has been named in the FIR and given the role of firing upon the informant, the case is a no injury case and the applicant has been falsely implicated. Learned counsel has further submitted that the applicant has one other case to his credit and the applicant is not a previous convict. 4. Learned counsel for the informant has opposed the prayer and has stated that specific role of firing upon the informant has been given to the applicant. The applicant has repeatedly fired upon the informant and it is only by a stroke of luck that the informant escaped injury. The applicant has a criminal history which shows his propensity to repeat the crime and he may not be considered for grant of anticipatory bail. Learned counsel for the informant has further argued that there is video footage of the applicant and the other accused throwing brickbats, which clearly shows the participation of the applicant in the crime in question. Versus Counsel for Applicant(s) : Anukriti Tripathi, Vinay Kumar Tripathi Counsel for Opposite Party(s) : Devesh Kumar Sharma, G.A. Bhojraj .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned A.G.A. has also adopted the submissions made by the learned counsel for the informant. 6. I have considered the submissions made by the Learned counsels for the parties. 7. The applicant has a criminal history of one other case, in which the applicant has not been charge-sheeted till date. Although the applicant has been named in the FIR, however, this is a case which involves no injury. The CCTV footage/video evidence that has been collected can be appropriately appreciated at the relevant stage before the trial court.
The co-accused, Vishambhar @ Nar Singh, who had been assigned the role of firing upon the informant and his brother, has been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 8619 of 2026. The case of the applicant stands on a similar footing to that of the co-accused. 8. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge 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-Bhojraj, 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;
11. In case of breach of any of the above conditions, the Court concerned NABAIL No. 9174 of 2026 2
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 Sartaj NABAIL No. 9174 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad