Allowed¶18

Abhay Patel v. State of U.P. and Another

Allahabad HC18 Dec 2025NABAIL/10163/2025

Case brief

AI extract

What is this about?

Anticipatory bail; interim anticipatory bail granted till 29.01.2026; Abhay Patel; Case Crime no. 274 of 2019; Sections 419, 420, 406 IPC; P.S. Rohaniya, Varanasi; Section 482 BNSS; personal bond Rs. 50,000 with two sureties; reliance on Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694; bail conditions; cancellation on default; A.G.A. to obtain instructions.

What did the court decide?

Interim anticipatory bail till 29.01.2026 on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (i)-(iv); prosecution free to seek cancellation upon breach of any condition; case listed fresh on 29.01.2026 with A.G.A. directed to obtain instructions. ¶18

Abhay Patel vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Abhay Patel, sought to be dealt with in Case Crime no. 274 of 2019 (Sections 419, 420, 406 I.P.C., Police Station Rohaniya, District Varanasi), should be released on anticipatory bail in the event of arrest.

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Court's answer

In the event of arrest, the applicant Abhay Patel shall be released on interim anticipatory bail till 29.01.2026 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the Court concerned.

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Ratio / Principle

Release is subject to enumerated conditions, including condition (iv) that the applicant shall not leave India without prior permission of the Court concerned (alongside non-tampering with evidence, appearance before the trial Court, no inducement/threat/promise, and co-operation during trial).

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Key takeaways

In default of any of the imposed 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 HC (Jitendra Kumar Sinha, J.), Dec. 18, 2025 — Anticipatory bail application U/S 482 BNSS No. 10163 of 2025 by Abhay Patel in Case Crime no. 274 of 2019 (Sections 419, 420, 406 I.P.C., P.S. Rohaniya, Dist. Varanasi). Counsel contended the applicant is not named in the FIR, surfacing only through co-accused Bablu Kumar's statement after a delay of about four months; criminal history was said to be explained in the memo, with undertakings to co-operate. Invoking the criteria laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, the Court granted interim anticipatory bail till 29.01.2026 on a personal bond of Rs. 50,000/- with two like sureties, imposing standard conditions (no evidence tampering, trial attendance, no inducement, co-operation, no departure from India without Court permission); breach permits a cancellation application. A.G.A. directed to obtain instructions; fresh hearing fixed on 29.01.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10163 of 2025

Abhay Patel

.....Applicant(s)

Versus

State of U.P. and Another

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.....Opposite Party(s) Counsel for Applicant(s) : Diwan Saifullah Khan, Rajesh Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Shri Diwan Saifullah Khan, learned counsel for the applicant, Shri Uma Shankar Mishra, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no.274 of 2019, under Sections 419, 420, 406 of I.P.C., Police Station Rohaniya, District Varanasi, with the prayer that in the event of arrest, applicant may be released on bail.

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It is contended by learned counsel for the applicant that the applicant is not named in the first information report and his name has surfaced in the statement of co-accused Bablu Kumar after a delay of about four months. It is also submitted that the applicant is having criminal history, which has been explained in the memo of application. 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.

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On the other hand, learned A.G.A. submits that the applicant has not received instructions as yet.

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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

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NABAIL No. 10163 of 2025

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nature and gravity of accusation, antecedent of accused, possibility of 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.

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In the event of arrest of the applicant- Abhay Patel involved in the aforesaid case crime shall be released on interim anticipatory bail till 29.01.2026 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 :-

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(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;

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(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;

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

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

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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.

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List this case on 29.01.2026 as fresh.

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

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(Jitendra Kumar Sinha,J.)

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December 18, 2025

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RKM

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

Abhay Patel v. State of U.P. and Another

Case brief

What is this about?

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Abhay Patel v. State of U.P. and Another

Case brief

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