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

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

What the court decided

AI extract

Outcome

Interim anticipatory bail granted to applicant Mukesh till 19.01.2026 on personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to four enumerated conditions, expressly without expressing any opinion on merits; on default of conditions the prosecution may seek cancellation; case to be listed fresh on 19.01.2026 while learned AGA obtains instructions in the meantime.

Issue for consideration

Whether applicant Mukesh, who apprehends arrest in Case Crime No. 519 of 2025 (Police Station Kotwali, District Mathura) under Sections 191, 191(2), 190, 110, 115(2), 351(3), 352 B.N.S., should be granted (interim) anticipatory bail, with no role of assault assigned to him and only the role of threatening and pointing a countrymade pistol alleged.

Court's answer

Without expressing any opinion on merits, and considering the submissions of learned counsel for the applicant, the Court granted interim anticipatory bail to applicant Mukesh till 19.01.2026 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, subject to stated conditions (no tampering with evidence and appearance on fixed dates; no inducement, threat or promise to persons acquainted with the facts; cooperation during trial and non-misuse of liberty of interim anticipatory bail; no departure from India without prior permission of the Court concerned).

Ratio / Principle

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

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, bench of Jitendra Kumar Sinha, J. | Decision date: December 11, 2025 | CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10167 of 2025 (running head: NABAIL No. 10167 of 2025), Court No. 72 | Mukesh (Applicant) v. State of U.P. and Another (Opposite Parties). Interim anticipatory bail granted till 19.01.2026 in Case Crime No. 519 of 2025, Police Station Kotwali, District Mathura, registered under Sections 191, 191(2), 190, 110, 115(2), 351(3), 352 B.N.S. Grant made expressly 'without expressing any opinion on merits', on personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions: (i) no tampering with evidence and appearance before trial Court on dates fixed unless exempted; (ii) no direct or indirect inducement, threat or promise to dissuade disclosure of facts to Court or police; (iii) cooperation during trial and non-misuse of liberty of interim anticipatory bail; (iv) no leaving India without prior permission of the Court concerned. In default of any condition, prosecution free to apply for cancellation. Counsel's submissions: applicant innocent; no role of assault assigned, only role of threatening and pointing a countrymade pistol towards the first informant; undertaking to cooperate during trial. Decision framed with reference to Supreme Court precedent Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (criteria: nature and gravity of accusation, antecedents of accused, possibility of fleeing from justice, careful evaluation of available material, exact role of accused). Case listed fresh on 19.01.2026; learned AGA to obtain instructions meanwhile (none received at hearing).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10167 of 2025

Mukesh

	.....Applicant(s)
Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Rohit Shukla
Counsel for Opposite Party(s)	: G.A.
Court No.- 72

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Rohit Shukla, learned counsel for the applicant and Sri Chandra Shekhar Saran, learned A.G.A. for the State and perused the record.

2. Present application has been moved seeking anticipatory bail in Case Crime No. 519 of 2025, under Sections 191, 191(2), 190, 110, 115(2), 351(3), 352 B.N.S., Police Station Kotwali, District Mathura with the prayer that in the event of arrest, applicant may be released on bail.

3. At the very outset, learned A.G.A. submits that he has not received any instructions as yet.

4. On the other hand, learned counsel for the applicant submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. It is further submitted that no role of assault has been assigned to the applicant. It is further submitted that applicant has been assigned the role of threatening and pointing out the countrymade pistol towards the first informant. It is further submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating

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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.

5. 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, the Court must consider 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.

6. Considering the above submissions of the learned counsel for the applicant and without expressing any opinion on merits, the applicant- Mukesh involved in the aforesaid case crime be released on interim anticipatory bail 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 till 19.01.2026 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 cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

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

7. In default of any of the conditions, the prosecution shall be

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at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant herein.

8. List this case as fresh on 19.01.2026.

9. In the meantime, learned AGA may obtain instructions in the matter.

December 11, 2025

Imtiyaz

(Jitendra Kumar Sinha,J.)

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad