Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 8219 (ALL)

JUBAIR v. STATE OF U.P.

NABAIL/9732/2026 · 2026-09-17

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. - 9732 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.55 of 2025, under Sections 191(3), 191(2), 109(1), 352, 115(2), 118(1), 117 B.N.S., Police Station- Kotwali Dehat, District- Bijnor, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and his name has surfaced in the statement of informant and alleged injured. The injuries received by the injured Dhevati Payal were found to be simple in nature. The other injured received injuries on non-vital parts of the body. The charge-sheet has been filed in the matter. During investigation, the applicant was granted protection by this Court in Criminal Misc. Writ Petition No.10112 of 2025 till cognizance is taken on the police report by the Court concerned. The applicant had co-operated in the investigation and there is no allegation of misusing the interim relief granted to the applicant. The co-accused, Shah Alam alias Monu, who is named in the FIR, has been granted anticipatory bail by this Court in NABAIL No.9511 of 2026. The applicant has no criminal antecedents. 4. Learned AGA has opposed the prayer for bail but does not dispute the Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh, Ruchi Singh Counsel for Opposite Party(s) : G.A. Jubair .....Applicant(s) State of U.P. .....Opposite Party(s) factual submissions made by the Learned counsel for the applicant. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant is not named in the FIR and his name has surfaced in the statement of the informant and alleged injured. The injuries received by the injured were not found to be dangerous to life. During investigation, the applicant has been accorded protection by this Court and there is no report of violation/misuse of the interim relief granted to the applicant. The chargesheet has been submitted in the matter and the applicant is not required for custodial interrogation. The applicant has no criminal antecedents. The co-accused Shah Alam alias Monu has been granted anticipatory bail by this Court and the case of the applicant is at better footing from the co-accused. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. The applicant - Jubair shall appear before the trial Court within four weeks from today and shall be released on bail on filing his personal bond and surety to the satisfaction of the Court concerned with the following conditions:- i. The applicant shall remain present before the trial Court on each date fixed unless exempted by the trial Court; 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. 9732 of 2026 2 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 18, 2026 A. Pandey NABAIL No. 9732 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad