Lokendra Pratap Singh and 6 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Lokendra Pratap Singh and 6 Others vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection only: no coercive action against the applicants for three weeks from 10.3.2025 or until surrender before the court below, whichever is earlier; upon surrender within three weeks and application for regular bail, the court below is to decide the bail application expeditiously in accordance with law. Bail itself was not granted; the anticipatory bail application was rejected.

Issue for consideration

Whether the applicants (Lokendra Pratap Singh and six others) are entitled to anticipatory bail under Section 482 BNSS in respect of Case Crime No. 80 of 2022, Police Station Sakrauli, District Etah.

Court's answer

Without expressing any opinion on the merits of the case, and considering the submissions advanced and the nature and gravity of the accusation, the Court found no good ground for granting anticipatory bail to the applicants.

Ratio / Principle

The anticipatory bail application of the seven named applicants (Lokendra Pratap Singh, Reshampal, Sunil Kumar, Devaki Nandan, Harisharanm alias Harsh Sharanm, Mahesh and Prempal Singh) involved in the aforesaid case crime was hereby rejected.

Key takeaways

The object of Section 482 BNSS is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of the complainant or any other person operating directly or from behind the curtains.obiter¶10
Grant or refusal of anticipatory bail is a discretionary power that cannot be put in a straitjacket formula; it must be exercised carefully with circumspection on the available material, evaluating the nature and gravity of the accusation, role attributed, conduct, criminal antecedents, possibility of fleeing justice, apprehension of tampering with witnesses or threat to complainant, and impact on investigation or society, maintaining balance between individual liberty and interest of society.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), single bench of Hon'ble Deepak Verma, J. (order dated 10.3.2025; Neutral Citation 2025:AHC:34698). Anticipatory bail application under Section 482 BNSS (Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 1923 of 2025) by Lokendra Pratap Singh and six others (Reshampal, Sunil Kumar, Devaki Nandan, Harisharanm alias Harsh Sharanm, Mahesh, Prempal Singh) for Case Crime No. 80 of 2022, P.S. Sakrauli, District Etah, charged under IPC Sections 147, 148, 341, 332, 352, 353, 188, 504, s.7 Criminal Law (Amendment) Act, ss.2/3 Prevention of Damage to Public Property Act and s.3 Epidemic Diseases Act, 1897. Counsel for applicants pleaded false implication, absence of criminal history, s.482 BNSS coverage and cooperation with investigation; the learned A.G.A. opposed citing a prima facie offence and an undisclosed criminal history. After reciting the object of s.482 BNSS and the accepted non-straitjacket criteria for anticipatory bail (gravity of accusation, role, conduct, antecedents, flight risk, witness-tampering threat, societal impact), the Court, without expressing any opinion on merits and weighing the submissions and the nature and gravity of the accusation, found no good ground for anticipatory bail and REJECTED the application. As alternative relief, the Court directed that on surrender within three weeks the regular bail application be decided expeditiously, and ordered that no coercive action be taken for three weeks or until surrender, whichever is earlier.