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

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

What the court decided

AI extract

Outcome

Interim anticipatory bail till the next date of listing, provided the applicant cooperates in the investigation; in the event of arrest, release upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer, subject to five enumerated conduct conditions; breach of any condition to be a ground for cancellation. Case listed in the week commencing 17.11.2025 for counter affidavit by counsel for opposite party No. 2; final decision pending.

Issue for consideration

Whether anticipatory bail should be granted to the applicant, Shivam Gurjar, who seeks bail in anticipation of arrest in Case Crime No. 212 of 2025 (Sections 69, 115(2), 352, 351(2) B.N.S., P.S. Shahganj, District Agra). +2 more

Court's answer

In the event of arrest, the applicant shall be released on interim anticipatory bail till the next date of listing, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer.

Ratio / Principle

The interim anticipatory bail is granted expressly provided the applicant will cooperate in the investigation.

Key takeaways

Breach of any of the imposed conditions shall be a ground for cancellation of anticipatory bail.ratio¶26
Release on interim bail is subject to enumerated conditions: (i) availability for interrogation by a police officer as and when required; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) no leaving India without previous permission of the Court; (iv) no tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation; (v) no indulgence in any criminal activity after release.ratio¶21
Final decision deferred: the case is listed in the week commencing 17.11.2025 to enable counsel for opposite party No. 2 to file a counter affidavit.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 69 (Arun Kumar Singh Deshwal, J.), 17 October 2025 — Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 8551 of 2025, Shivam Gurjar v. State of U.P. and Another. Applicant sought bail in anticipation of arrest in Case Crime No. 212 of 2025, u/s 69, 115(2), 352, 351(2) B.N.S., P.S. Shahganj, District Agra. Applicant's counsel contended that opposite party No. 2 is a married lady living separately from her husband without divorce, that the applicant's relationship with her was with her consent, and that the F.I.R. followed his refusal to marry her — hence, till she obtains divorce, 'the question of marriage does not arise'. Learned A.G.A. opposed the prayer but could not dispute these facts; counsel for opposite party No. 2 sought time for reply. The court granted interim anticipatory bail till the next date of listing, provided the applicant cooperates in the investigation; in the event of arrest, release on a personal bond and two sureties of like amount to the satisfaction of the investigating officer, subject to five conduct conditions (availability for interrogation, no inducement/threat/promise, no leaving India without court permission, no tampering with evidence or intimidating witnesses, no criminal activity), breach of any condition being a ground for cancellation. Case listed in the week commencing 17.11.2025 to enable opposite party No. 2's counsel to file a counter affidavit — the order records an interim grant only; the merits remain undecided pending the counter affidavit.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8551 of 2025

Shivam Gurjar

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Surendra Narayan Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Ramesh Kumar Ojha, Advocate holding brief of Sri S.N. Mishra, learned counsel for the applicant; Sri Ram Bahadur Singh, learned counsel for opposite party No.2; learned AGA for the State and perused the record.

The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No 212 of 2025, Under section - 69, 115(2), 352, 351(2) B.N.S., Police Station- Shahganj, District- Agra.

Contention of counsel for the applicant is that bare perusal of the F.I.R., it is clear that opposite party No.2 is a married lady who has been living separately from her husband without getting divorce. It is also clear from the F.I.R. that the applicant established relationship with opposite party No.2 with her consent and subsequently on refusal of the applicant for getting married to opposite party no.2, the F.I.R. in question was lodged. It is further submitted that once it is not in dispute that opposite party No.2 is a married woman, the question of marriage does not arise till she gets divorce from her husband.

Learned counsel for the first informant seeks time to file reply. Learned A.G.A. has opposed the prayer for anticipatory bail, but he could not dispute the aforesaid fact.

List this case in the week commencing 17.11.2025, to enable the counsel for opposite party No.2 to file counter affidavit.

The applicant is granted interim anticipatory bail till the next date of

NABAIL No. 8551 of 2025

2

listing , provided the applicant will cooperate in the investigation.

In the event of arrest, the applicant Shivam Gurjar , involved in the aforesaid crime, shall be released on interim anticipatory bail till the next date of listing on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer 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 him 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;

(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.

(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.

October 17, 2025

Vandana

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad