Allowed

Ghanshyam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC25 Feb 2026ABAIL/35/2025

Case brief

AI extract

What is this about?

The applicant, released on interim anticipatory bail, applied for its continuation after the charge-sheet was filed. The Court, considering the non-misuse of liberty and the Apex Court's dictum in Sushila Aggarwal, made the interim bail absolute.

What did the court decide?

Interim anticipatory bail is made absolute subject to conditions recorded in the order dated 20.1.2025.

Ghanshyam vs State of U.P. Thru. Prin. Secy. Home Lko… — Anticipatory Bail | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 35 of 2025

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Versus Ghanshyam .....Applicant(s)
State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A., Neeraj Pandey

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Case called out in the revised list.

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Heard Shri Bharat Kumar Dixit, learned counsel for the applicant, Shri Shaswat Pratap Singh, Advocate holding brief of Dr. Neeraj Pandey, learned counsel for respondent no.2 and learned A.G.A. for the State.

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The present application under Section 438CrPC/482 BNSS has been filed seeking anticipatory bail of the applicant - Ghanshyam in case crime No.255 of 2024, under Sections 323, 504, 506 and 316 I.P.C., Police Station Salon, District Raebareli.

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The Co-ordinate Bench of this Court vide order dated 20.1.2025 has passed the following order granting interim anticipatory bail to the applicant:-

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"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 255 of 2024, under sections 323,504,506 and 316 of the I.P.C.,P.S.-Salon, District -Lucknow.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He submits that the allegation of offence under section 316 of the I.P.C., is against the other accused persons, which is evident from the statement of the injured/victim. He also added that there was no pre-meeting of

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ABAIL No. 35 of 2025

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minds with the other co-accused persons so far as the offence is concerned. He next added that the applicant has no previous criminal history and he is cooperating in the investigation proceedings and he undertakes that he will never abscond from the investigation proceedings as well as the trial proceedings. He submits that there is an acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled for any relief.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Ghanshyam, shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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(ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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If steps are taken, office shall proceed accordingly.

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List/put up this matter in the Third Week of February,2025.

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In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."

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Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and

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ABAIL No. 35 of 2025

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two sureties in compliance of the aforesaid order. He has duly cooperated in the investigation. Learned counsel for the applicant has also made statement that in the present case, charge-sheet has been filed. He has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also the statement made by learned counsel for the applicant that charge-sheet in the case has been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim anticipatory bail granted by the coordinate bench of this Court vide order dated 20.1.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)2020 SCC online SC 98.

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It is made clear that in case of breach of any of the conditions mentioned in the aforesaid order dated 20.1.2025, the court below shall have the liberty to cancel the bail.

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In view of the aforesaid, the anticipatory bail application is allowed .

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(Rajeev Bharti,J.)

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February 25, 2026 Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Ghanshyam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Ghanshyam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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