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2026 DAILYLAW 7944 (ALL)

X JUVENILE v. STATE OF UP

NABAIL/9304/2026 · 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. - 9304 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Learned counsel for the applicant has pointed out that present application was filed with a defective description, mentioning the applicant as “X (Juvenile),” whereas it should have been “X (Minor).” A supplementary affidavit along with a fresh array of parties has already been filed, but the description of the case has not yet been amended by the Registry. 2. The Registry is directed to amend the cause title of this case accordingly. 3. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.368 of 2026, under Sections 109(1), 191(2), 191(3), 115(2), 352, 351(3), 125, 121(1), 132 BNS and Section 7 Criminal Law Amendment Act, Police Station- Akrabad, District Aligarh, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 4. Learned counsel for the applicant has submitted that the applicant has been falsely nominated in the FIR along with five other accused. He has further submitted that the similarly situated co-accused, Saurabh Chauhan, has been granted anticipatory bail by this Court in NABAIL Versus Counsel for Applicant(s) : Abhishek Mishra Counsel for Opposite Party(s) : G.A. X (Minor) .....Applicant(s) State of U.P. .....Opposite Party(s) No.9325 of 2026. The applicant has no criminal antecedents, but after his implication in the present case, a false case has been registered against him. 5. Learned AGA has opposed the prayer for bail but does not dispute the explanation given by the applicant with respect to his criminal antecedents, nor does he dispute the fact that the similarly situated co- accused, Saurabh Chauhan, has been granted anticipatory bail by this Court. 6. I have considered the submissions made by learned counsel for the parties. 7. This is a case involving no injury. The allegation is that two groups indulged in violence, and the FIR has been lodged by the Outpost In- charge, Sub-Inspector Virendra Kumar. The applicant is stated to be a minor, and in the prima facie opinion of the Court, taking note of the entire facts and circumstances of the case, the case of the applicant stands on a better footing than that of the co-accused, Saurabh Chauhan. 8. 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. 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 X (Minor), 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 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, 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 NABAIL No. 9304 of 2026 2 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 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 16, 2026 S.A. NABAIL No. 9304 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad