HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9263 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 as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.336/2022, under Sections 363,366,506 & 368 I.P.C., Police Station- Sasni Gate, District- Aligarh, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 3. Learned counsel for the applicants contends that the applicants had been granted anticipatory bail by this Court in ABAIL No.12275 of 2023 by the order dated 22.11.2023 till filing of the police report under Section 173(2) of Cr.P.C. Learned counsel has further submitted that in the meantime, the trial against the accused Bhura and others continued. In the said trial, the statement of the victim has also been recorded and in the cross-examination, the victim has not supported the prosecution version. Learned counsel has further submitted that the applicants did not have knowledge of filing of the charge-sheet and immediately on coming to know of the filing of the charge-sheet had filed an application being Application under Section 528 BNSS No.46567 of 2025, which was finally dismissed by this Court by the order dated 04.05.2026 and it is thereafter that the applicants approached the concerned Court seeking anticipatory bail. It is stated that the applicants have no criminal antecedents. Versus Counsel for Applicant(s) : Rajesh Sharma Counsel for Opposite Party(s) : G.A. Sharik And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the factual submissions of Learned counsel for the applicants. Learned A.G.A. has stated that the applicants despite knowledge of the case did not appear before the concerned Court and therefore may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicants had filed an application under Section 528 BNSS in which this Court by the order dated 04.05.2026 refused to grant relief to the applicants. The applicants appear to have moved an anticipatory bail application post rejection of their application under Section 528 BNSS. Prima facie this Court does not appear satisfied from the objection of Learned A.G.A. that the applicants are absconders. The proclamation under Section 82 Cr.P.C. / 84 BNSS has been issued against the applicants on 18.07.2026. It is not as if in all cases the Court is barred from consideration of anticipatory bail if coercive process under Section 82 Cr.P.C. / 84 BNSS has been issued. The Supreme Court in Asha Dubey versus State of Madhya Pradesh 2024 OnLine SC 5633 in paragraph No.8 has noted and opined as thus: "Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail." 7. Coming to the facts of the present case, the applicants had been granted anticipatory bail by this Court during the pendency of the investigation. The statement of the victim under Sections 161 and 164 Cr.P.C. indicates that the primary allegations were against the co-accused Bhura. The applicant No.1 is the son of applicant No.2. The applicants have filed the statement of the alleged victim recorded before the Trial Court and in her cross-examination she has resiled from the prosecution version. It has been stated that the applicants have no criminal antecedents. 8. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicants on anticipatory bail. NABAIL No. 9263 of 2026 2 9. In view of the above, the anticipatory bail application of the applicants is allowed. 10. In the event of the arrest of the applicants-Sharik and Smt. Bhuri, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of their personal bond and surety 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. that the applicants 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants 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 23, 2026 A. Pandey NABAIL No. 9263 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad