Mahesh Kumar vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Mahesh Kumar vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail till 12.01.2026 granted to applicant Mahesh Khan? No - Mahesh Kumar, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (no tampering with evidence, appearance before trial Court, no inducement/threat/promise, co-operation during trial, no misuse of bail liberty, no departure from India without prior permission); prosecution at liberty to seek cancellation on breach of conditions; case listed fresh on 12.01.2026 with A.G.A. directed to obtain updated instructions.

Issue for consideration

Whether anticipatory bail should be granted to the applicant Mahesh Kumar in Case Crime No. 315 of 2025 under Sections 137(2), 352 and 351(3) of the B.N.S. (Police Station Jahanaganj, District Azamgarh).

Court's answer

In the event of arrest, the applicant Mahesh Kumar shall be released on interim anticipatory bail till 12.01.2026 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned.

Ratio / Principle

The interim anticipatory bail is subject to conditions: (i) the applicant shall not tamper with evidence and shall appear before the trial Court on dates fixed unless exempted; (ii) he 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 disclosure to the Court or police; (iii) he shall co-operate during trial and not misuse the liberty of bail; and (iv) he shall not leave India without prior permission of the Court concerned.

Key takeaways

In default of any of the conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J., single bench), December 9, 2025 - Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 10036 of 2025, Mahesh Kumar v. State of U.P. and Another: interim anticipatory bail granted till 12.01.2026 in Case Crime No. 315 of 2025 (Sections 137(2), 352, 351(3) B.N.S., Police Station Jahanaganj, District Azamgarh), wherein the applicant was alleged to have been assigned the role of helping his son abduct the first informant's daughter; the son was reported untraceable and, per the A.G.A.'s opposition, the victim had not been recovered as yet. In reaching the decision the court relied on the Supreme Court's parameters in Siddharam Satlingappa Mhetre v. State of Maharashtra ((2011) 1 SCC 694): nature and gravity of accusation, antecedents of the accused, possibility of fleeing justice, careful evaluation of the entire material, and the exact role of the accused. Release ordered on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (non-tampering with evidence and trial-court attendance; no inducement, threat or promise to dissuade disclosure; co-operation during trial and non-misuse of bail liberty; no departure from India without prior permission), with the prosecution left free to seek cancellation on any breach. Matter listed fresh on 12.01.2026; A.G.A. directed to obtain updated instructions by the next date.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10036 of 2025

Mahesh Kumar

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Manoj Kumar Pandey : G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Manoj Kumar Pandey, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no.315 of 2025, under Sections 137(2), 352, 351(3) of B.N.S., Police Station Jahanaganj, District Azamgarh, with the prayer that in the event of arrest, applicant may be released on bail.

It is contended by learned counsel for the applicant that the applicant has been assigned the role of extending help in getting the daughter of the first informant abducted by his son. It is further submitted that the son of the applicant is also not traceable. 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. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

On the other hand, learned A.G.A. has opposed the application for anticipatory bail and it has been submitted by him that the victim has not been recovered as yet.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of

NABAIL No. 10036 of 2025

2

accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the event of arrest of the applicant- Mahesh Kumar involved in the aforesaid case crime shall be released on interim anticipatory bail till 12.01.2026 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(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/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

List this case on 12.01.2026 as fresh.

Learned AGA is directed to obtain updated instructions in the matter by the next date.

(Jitendra Kumar Sinha,J.)

December 9, 2025

RKM

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad