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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8470 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Supplementary affidavit, filed today in Court, is taken on record. 2. Heard Learned Counsel for the applicant; and Learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 203 of 2026, under Sections 191(2), 191(3) and 109(1) of the B.N.S., 2023, Police Station – Raya, District Mathura, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 4. The Learned Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The First Information Report (FIR) has been lodged against the applicant and four to five unknown persons regarding the applicant's car trying to run over the informant and then also firing in the air. The Learned Counsel for the applicant contends that the informant is a thirteen year old boy and there is no previous enmity with the applicant. Under the pressure of some villagers, who were antagonistic towards the applicant, the little boy was made to lodge this false FIR. Later, the father of the injured informant has given an affidavit denying any such incident. Learned Counsel has further submitted that even otherwise the injuries that have been noted in the medical examination report of the injured, do not show any crush injuries or injuries which may have been caused in a collision from an SUV. None of the injuries were opined to be grievous in nature or dangerous to life. Versus Counsel for Applicant(s) : Pankaj Kumar Shukla, Ritesh Kumar Singh Counsel for Opposite Party(s) : G.A. Chirag .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
Applicant has a criminal history of four cases but he is not a previous convict. 5. Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the father of the injured has filed an affidavit in favour of the applicant. 6. I have considered the submissions made by the Learned Counsel for the parties. 7. A case under Section 109(1) of the B.N.S. is a non-compoundable offence. Therefore, the effect of the affidavit, at the present stage, cannot be taken into account.
It however is apparent that a thirteen year old boy is said to have lodged an F.I.R. against the applicant and the other accused knowingly trying to run over the victim and then also firing shots in the air, without there being any previous demonstrated enmity. The version set up in the FIR does not appear to be a version which is believable in the facts and circumstances of the present case. The injuries sustained by the injured are also not stated to be grievous in nature or dangerous to life. 8. Taking into account the entire facts and circumstances of the case, prima facie a case for grant of anticipatory bail is made out. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Chirag, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his 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. 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. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness;
NABAIL No. 8470 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 14, 2026 Kushal NABAIL No. 8470 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad