Pawan vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8793 of 2025

Pawan		.....Applicant(s)
	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Dharmendra Kumar Patel
Counsel for Opposite Party(s)	:	G.A.

¶4

Court No. - 72

¶5

HON'BLE JITENDRA KUMAR SINHA, J.

¶6

Heard Shri C.P. Pandey, holding brief of Shri Dharmendra Kumar Patel, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

¶7

The present application has been moved seeking anticipatory bail in Case Crime no.388 of 2025, under Sections 333, 75, 115(2), 352 of B.N.S., Police Station Chandausi, District Sambhal, with the prayer that in the event of arrest, applicant may be released on bail.

¶8

It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the maximum punishment, which can be awarded on conviction for the offences as alleged is 7 years. It is further submitted that the first informant has suffered injury, which is complaint of pain and the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating 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.

¶9

On the other hand, learned A.G.A. has opposed the application for anticipatory bail and it has been submitted by him that the victim has given details of the incident in her statement recorded under Section 183

¶10

NABAIL No. 8793 of 2025

¶11

2

¶12

BNSS.

¶13

As per allegation in the first information report, the applicant is actually harassed and assaulted the first informant/ victim and the first informant has suffered injury, which is complaint of pain and the applicant is having no criminal history.

¶14

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, 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.

¶15

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

¶16

The anticipatory bail application is allowed.

¶17

In the event of arrest of the applicant- Pawan involved in the aforesaid case crime shall be released on 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, with the following conditions :-

¶18

(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;

¶19

(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;

¶20

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

¶21

NABAIL No. 8793 of 2025

¶22

3

¶23

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

¶24

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

¶25

(Jitendra Kumar Sinha,J.)

¶26

November 13, 2025 RKM

¶27

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Pawan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mohammad Kasif vs State of U.P. and Another

Ashok Kumar Garg vs State of U.P. and Another

Vinod Kumar Upadhyay vs State of U.P.

Chandra Prakash vs State of U.P.

Atul and Another vs State of U.P.

Mahendra and 2 Others vs State of U.P.