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2026 DAILYLAW 834 (ALL)

USMAN v. STATE OF U.P. AND ANOTHER

NABAIL/3676/2026 · 2026-04-19

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3676 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant, Sri Roshan Kumar Singh, learned AGA for the State and perused the record. 2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 263 of 2025, under Sections 191(2), 191(3), 190, 109(1), 115(2), 352, 351(3), 125 of B.N.S. & Section 7 of Criminal Law Amendment Act, Police Station Bhawan Bahadur Nagar, District Bulandshahr. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. He further submits that F.I.R. has been lodged by a police officer and applicant has not been assigned any specific role in the alleged incident. It is further submitted that applicant has no criminal history to his credit. It is laslty submitted that the co-accused Suhail, has already been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 13.02.2026 in Criminal Misc. Anticipatory Bail Application U/s 482 B.N.S.S. No. 1454 of 2026, therefore, the applicant is also entitled for anticipatory bail on the ground of parity. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. Learned A.G.A. has opposed the prayer for anticipatory bail. 5. Thus, without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of Versus Counsel for Applicant(s) : Rajesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Usman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants, this Court is of the view that the applicant is entitled to get anticipatory bail till submission of charge sheet under Section 193 BNSS as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6. 6. In the event of arrest, the applicant Usman involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer 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 tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation. (v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (vi) At the time of releasing the applicant on anticipatory bail, after verification, the concerned Investigating Officer shall also record the Aadhaar number, WhatsApp number, e-mail ID, and mobile number of the applicant, and the same shall be uploaded on CCTNS, as per Rule 8 of the Uttar Pradesh Electronic Processes (Issuance, Service and Execution) Rules, 2026. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail. 8. With the aforesaid observations/directions, the application stands disposed of. (Arun Kumar Singh Deshwal,J.) April 20, 2026 SA NABAIL No. 3676 of 2026 2 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad