Lucky Kumar Alias Tushar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Lucky Kumar Alias Tushar Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Lucky Kumar alias Tushar in Case Crime No. 60 of 2025 (P.S. Fatehgarh, District Farrukhabad) till the submission of the police report under Section 193 (3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to stated conditions; Investigating Officer directed to conclude investigation preferably within three months; application disposed of.

Issue for consideration

Whether the applicant, Lucky Kumar alias Tushar, charged in Case Crime No. 60 of 2025 under Sections 191(2), 191(3), 109, 190, 61(2) of B.N.S. and Sections 3/25/27 of Arms Act, P.S. Fatehgarh, District Farrukhabad, is entitled to anticipatory bail till the submission of the police report, given the absence of any injury, absence of credible/substantive evidence against him, his clean antecedents and his apprehension of arrest.

Court's answer

Having regard to the submissions, the nature of accusations, the antecedents of the applicant, the fact that no person received any injury in the alleged incident and the absence of substantive evidence against the applicant, and without commenting on the merits of the case, the applicant is entitled to be enlarged on anticipatory bail till the submission of the police report.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail in Case Crime No. 60 of 2025 till the submission of the police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned.

Key takeaways

The anticipatory bail is subject to conditions: (i) the applicant shall make himself available for interrogation as and when required; (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 such person from disclosing those facts to the Court or any police officer; and (iii) he shall not leave India without previous permission of the Court and, if he holds a passport, shall deposit it before the S.S.P./S.P. concerned.ratio¶14
In default of any of the bail conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.; Order dated 3.7.2025) disposed of an anticipatory bail application under Section 482 BNSS filed by Lucky Kumar alias Tushar, sought in Case Crime No. 60 of 2025 under Sections 191(2), 191(3), 109, 190, 61(2) of B.N.S. and Sections 3/25/27 of Arms Act, Police Station Fatehgarh, District Farrukhabad. Per the FIR, the applicant along with eleven others was alleged to have fired at the informant and his son, but no person received any injury, no medical report was available in the case diary, there was no credible or substantive evidence linking the applicant with the offence, and the applicant had no criminal antecedents; the learned A.G.A. opposed the prayer but could not satisfactorily dispute these submissions. Without commenting on merits, the Court held the applicant entitled to anticipatory bail confined till submission of the police report under Section 193 (3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement, threat or promise; no departure from India without permission and deposit of passport before S.S.P./S.P.). In default of conditions, the Investigating Officer may seek cancellation. The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months, independently and uninfluenced by the Court's observations; the applicant was to produce the order before the S.S.P./S.P. within ten days.

Neutral Citation No. - 2025:AHC:103046

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4803 of 2025

Applicant :- Lucky Kumar Alias Tushar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 60 of 2025 under Sections 191(2), 191(3), 109, 190, 61(2) of B.N.S. and Sections 3/25/27 of Arms Act, Police Station Fatehgarh, District Farrukhabad.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the contents of the first information report, the applicant along with eleven others are alleged to have fired at the informant and his son. In the alleged incident, no person has received any injury. No medical report is available in the case diary. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that in the alleged incident, no person has received any injury, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I

am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicant- Lucky Kumar Alias Tushar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

The application stands disposed of.

Order Date :- 3.7.2025 Sachin Mishra

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad