Shailesh Vishwakarma v. State of U.P. and Another

Allahabad HC15 Dec 2025NABAIL/10554/2025

Case brief

AI extract

What is this about?

Interim anticipatory bail; Section 482 BNSS; Sections 309(6), 317(2) B.N.S.; Case Crime No. 128 of 2025, P.S. Khanpur, District Ghazipur; applicant's name surfaced in co-accused confessional statements (Shiva Vishwakarma, Brijesh Vishwakarma); personal bond Rs. 50,000/- with two like sureties; interim protection till 20.1.2026; A.G.A. to seek instructions; listing fresh 20.1.2026; NABAIL No. 10554 of 2025; Allahabad High Court; Jitendra Kumar Sinha, J.

What did the court decide?

Interim anticipatory bail till 20.1.2026, on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to stated conditions; final consideration deferred to 20.1.2026 with the A.G.A. directed to seek instructions meanwhile. ¶¶11

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant should be released on anticipatory bail, in the event of arrest, in Case Crime no. 128 of 2025 under Sections 309(6) and 317(2) of B.N.S.

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Court's answer

Applicant Shailesh Vishwakarma to be released on interim anticipatory bail in the event of arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, till 20.1.2026, subject to conditions: not tampering with evidence, appearance before the trial Court on dates fixed unless exempted, no inducement, threat or promise to dissuade disclosure of facts, cooperation during trial without misusing the liberty of bail, and not leaving India without prior permission of the Court concerned.

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Ratio / Principle

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

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Key takeaways

Case to be put up as fresh on 20.1.2026; in the meantime, learned A.G.A. directed to seek instructions in the matter.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail — interim release granted. High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), by order dated December 15, 2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. - 10554 of 2025, directed that the applicant, arraigned in Case Crime No. 128 of 2025 under Sections 309(6) and 317(2) of B.N.S., Police Station Khanpur, District Ghazipur, be released on interim anticipatory bail in the event of arrest on a personal bond of Rs. 50,000/- with two sureties each in the like amount till 20.1.2026. It was contended by counsel that the FIR was lodged against unknown persons and that the applicant's name surfaced in the confessional statements of co-accused Shiva Vishwakarma and Brijesh Vishwakarma. The learned A.G.A. had not received instructions and was directed to seek them. Bail made subject to conditions (no tampering with evidence; appearance before the trial Court; no inducement, threat or promise; cooperation during trial; no leaving India without permission), default entitling the prosecution to seek cancellation. Case to be listed fresh on 20.1.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10554 of 2025

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Shailesh Vishwakarma

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.....Applicant(s)

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		Versus
State of U.P. and Another				....	.Opposite Party(s)
Counsel for Applicant(s)	:	Ayush Yadav	Yadav,	Shailendra	Kumar
Counsel for Opposite Party(s)	:	G.A.
Court No.- 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Sri S.K. Yadav, learned counsel for the applicant, Sri Manoj Gautam, 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. 128 of 2025 under Section 309(6), 317(2) of B.N.S., Police Station Khanpur, District Ghazipur with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that FIR was lodged against unknown and name of the applicant has surfaced in the confessional statement of co-accused Shiva Vishwakarma and Brijesh Vishwakarma.

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

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In view of the above, let the applicant Shailesh Vishwakarma in the event of his arrest, 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 20.1.2026 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

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NABAIL No. 10554 of 2025

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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 the interim anticipatory bail granted to the applicant.

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Put up this case as fresh on 20.1.2026.

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In the meantime, learned AGA is directed to seek instructions in the matter.

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(Jitendra Kumar Sinha,J.)

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December 15, 2025 Madhurima

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Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad

Shailesh Vishwakarma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shailesh Vishwakarma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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