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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9137 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Rejoinder affidavit filed today is taken on record. 2. Heard Learned counsel for the applicant, Learned A.G.A. for the State and Sri Ardhendu Shekhar Sharma, learned counsel or the informant as well as perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 185 of 2026, under Section 115(2), 109, 351(3), 352, 3(5) of BNS, Police Station- Jewar, District Gautam Buddh Nagar, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 4. The Learned counsel for the applicant has contended that this is a case involving no injury. Even otherwise, the video evidence relied upon by the informant and the police shows only the role of firing being attributed to the co-accused, Shekhar and Keshav. No specific role has been assigned to the applicant. Applicant has no criminal antecedents. 5. The Learned counsel for the informant has opposed the prayer for grant of anticipatory bail and has contended that the applicant was present on the spot and was duly identified by the informant from the CCTV footage. 6. Learned A.G.A. has adopted the submissions made by learned counsel for the informant, but has not pointed out any criminal antecedents of Versus Counsel for Applicant(s) : Brij Lal Shukla Counsel for Opposite Party(s) : Ardhendu Shekhar Sharma, Ram Babu Sharma, G.A. Aakash Pradhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant. 7. I have considered the submissions made by the Learned counsels for the parties. 8. Prima facie, from the noting in the case diary with respect to the CCTV footage, it appears that the role of firing has specifically been attributed to the co-accused, Shekhar and Keshav. The applicant has not been identified by any independent person, supposedly due to the fact that the applicant is a resident of a different village. No specific role has been assigned to the applicant. This is a case involving no injury and the co- accused, Shani Jadoon @ Shani, has been granted anticipatory bail by this Court in NABAIL No. 7745 of 2026. 9.
Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 10. In view of the above, the anticipatory bail application of the applicant is allowed. 11. In the event of the arrest of the applicant- Aakash Pradhan, he shall be released forthwith in the aforesaid case crime on anticipatory bail on 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 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 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;
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12. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 13. 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 28, 2026 Junaid NABAIL No. 9137 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad