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2026 DAILYLAW 7790 (ALL)

MANEENDRA NATH AND 1 OTHERS v. STATE OF U.P. AND 2 OTHERS

NABAIL/9665/2026 · 2026-09-16

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. - 9665 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicants; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 12 of 2026 under Sections 115(2), 351(2), 3(5), 109, 333, 352 of B.N.S., 2023 Police Station Kachhwa, District- Mirzapur, with a prayer to enlarge them on anticipatory bail, as the applicants apprehend their arrest in the aforesaid case. 3. The Learned counsel for the applicants states that the applicants have been falsely implicated in the present case and seek anticipatory bail on the following grounds :- i. Initially, the first information report was lodged for offences under Sections 3(5), 351(2), 115(2) of the B.N.S., 2023. During investigation Sections 109, 333 & 352 of the B.N.S., 2023 have been added. ii. The investigation is still pending. The parties have arrived at a compromise and on the basis of the compromise it is contended that a petty dispute led to lodging of the first information report. iii. The applicants is ready to cooperate with the investigation and will render all assistance and will not abscond. iv. The applicants have no criminal antecedents. Versus Counsel for Applicant(s) : J.P. Kushwaha, Saroj Kumar Counsel for Opposite Party(s) : G.A. Maneendra Nath And 1 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) v. While considering the anticipatory bail of the co-accused Bhola nath Sharma, this Court had recorded the submissions of the Learned counsel for the informant/injured that a compromise has been executed between the parties. 4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could not dispute the fact that a compromise has been executed between the parties. Learned A.G.A. has stated that non-bailable warrants have been issued against the applicants and are pending execution. They are avoiding the proceedings of the investigation and may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsel for the parties. 6. This application had been filed on behalf of the three applicants. The name of Usha Devi has been deleted from the array of parties and this application has been filed on behalf of the applicant Nos.1 and 2 only. 7. The compromise, that has been executed between the parties, has not been denied. Even while granting anticipatory bail to the co-accused Bhola Nath Sharma, this Court had taken note of the compromise. The issuance of non-bailable warrants against the applicants has been satisfactorily explained. As similarly situated co-accused has been granted anticipatory bail by this Court, I deem it appropriate to grant anticipatory bail to the applicants also. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicants – Maneendra Nath and Amarendra Nath, involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make themselves available for interrogation by a police officer as and when required; ii. The applicants shall not, directly or indirectly make any inducement, NABAIL No. 9665 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. The applicants shall not leave India without the previous permission of the Court; iv. 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. 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 17, 2026 Kushal NABAIL No. 9665 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad