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2026 DAILYLAW 7368 (ALL)

X MINOR v. STATE OF U.P.

NABAIL/9247/2026 · 2026-09-15

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. - 9247 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.54 of 2026, under Sections 109(1), 190, 352, 351(2), 115(2), 191(2), 191(3) of the B.N.S., Police Station- Baburi, District- Chandauli, with a prayer to enlarge him on anticipatory bail till the submissions of the charge sheet as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the First Information Report, only a general role has been assigned to the applicant. Eight persons are named in the First Information Report including the applicant and five persons are shown to be injured. The injuries received by the injured have not been opined to be dangerous to life. A general role has been given to the applicant. The applicant has no criminal history. Similarly situated co- accused, Soti, Lallan and Jasvant @ Jasvant Kumar, have been granted anticipatory bail by this Court in NABAIL Nos. 7122 of 2026, 8601 of 2026 and 9001 of 2026 respectively. 4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has contended that applicant and the other accused have been specifically nominated in the First Information Report. He, however, Versus Counsel for Applicant(s) : Rajeev Pushkar Counsel for Opposite Party(s) : G.A. X Minor .....Applicant(s) State of U.P. .....Opposite Party(s) could not point out any injury which may be considered to be dangerous to life. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The incident in question relates to the injured Vibhuti breaking off a branch from a bamboo tree, which led to the accused assaulting the injured. No statement of any doctor or any supplementary report has been pointed out which may indicate that any injury of the injured was dangerous to life. In the x-ray report of the injured, Vibhuti, no bony injury on the chest has been found. In NCCT- HEAD of the injured, Vibhuti, a fracture of the right zygomatic arch and the right temporal and parietal bone has been noted. The said injury has not been specifically attributed to any of the named accused. Eight persons have been nominated in the present case and in the prima face opinion of the Court, false implication of the accused applicant cannot be ruled out. Similarly situated co-accused, Soti, Lallan and Jasvant @ Jasvant Kumar, have been granted anticipatory bail by this Court. Only a general role has been given to all the accused. The applicant has no criminal antecedents. 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- X Minor, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety in the like amount through his natural guardian 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, NABAIL No. 9247 of 2026 2 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 for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 16, 2026 S.A. NABAIL No. 9247 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad