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2026 DAILYLAW 5950 (ALL)

YASHAPAL @ YASHAPAL CHAUDHARY v. STATE OF U.P. AND ANOTHER

NABAIL/8512/2026 · 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. - 8512 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.161 of 2026, under Sections 191(2), 191(3), 190, 109(1), 115(2), 352, 351(3) B.N.S., P.S.- Naujhil, District- Mathura, 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 contends that the applicant has been falsely implicated. The First Information Report has been lodged against six named accused. The injured who are two in number were supposedly assaulted and the co-accused Arvind is said to have used a country made firearm to shoot at the injured but they escaped unhurt.The injury reports which have been filed along with the supplementary affidavit indicate that there is only a complaint of pain with mild swelling present on the right foot of the injured Rajendra and an abrasion and a complaint of pain were found on the injured Ravindra. Relying upon the injury reports, Learned counsel for the applicant contends that a false case has been set up. He further states that a broken country made pistol was supposedly snatched by the injured and other villagers from the accused which was stated to be broken from the middle and had a live cartridge lodged in it. The applicant has no criminal antecedents 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could not dispute the factual submissions made by Learned Versus Counsel for Applicant(s) : Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Yashapal @ Yashapal Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counsel for the applicant. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. The injured have received only simple injuries.The specific role of using a firearm has been given as per the First Information Report to the co-accused Arvind. The firearm assigned to the applicant was supposedly not fired by him and in the act of firing the same was snatched by the informant and other witnesses named in the FIR. From the number of accused nominated in the FIR, the number and nature of injuries and the narration of incident as mentioned in the FIR, in the opinion of the Court, false implication of the applicant cannot be ruled out. 7. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the 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 Yashapal @ Yashapal Chaudhary, 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; 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 NABAIL No. 8512 of 2026 2 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. 8512 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad