Chhotelal Patel vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

Chhotelal Patel vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim anticipatory bail till 23.03.2026 granted to applicant Chhotelal Patel in Case Crime No. 88 of 2023 in the event of arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (no tampering with evidence, appearance before trial Court, no inducement/threat, cooperation during trial, no leaving India without permission); in default, prosecution at liberty to seek cancellation; applicant directed to file certified copy of the entire order sheet of the learned trial Court; case listed fresh on 23.03.2026.

Issue for consideration

Whether the applicant, Chhotelal Patel, is entitled to anticipatory bail in Case Crime No. 88 of 2023 under Sections 34, 323, 504, 506 and 308 I.P.C., Police Station Rampur, District Mau. +1 more

Court's answer

Since the applicant was chargesheeted for Magistrate-triable offences but the learned Magistrate added the Sessions-triable Section 308 I.P.C., the Court deemed it appropriate to enlarge the applicant on interim anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant shall be released on interim anticipatory bail till 23.03.2026 on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned.

Key takeaways

The interim anticipatory bail was made subject to conditions: the applicant shall not tamper with evidence and shall appear before the trial Court on dates fixed unless exempted; shall not induce, threaten or promise any person acquainted with the facts to dissuade disclosure; shall cooperate during trial and not misuse the liberty of bail; and shall not leave India without prior permission of the Court concerned.ratio¶15
In default of any of the conditions the prosecution may apply for cancellation of the anticipatory bail, and the case was directed to be listed fresh on 23.03.2026 before the appropriate Bench.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Lochan Shukla, J.), by order dated February 25, 2026 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 1648 of 2026, granted interim anticipatory bail till 23.03.2026 to Chhotelal Patel in Case Crime No. 88 of 2023 (Sections 34, 323, 504, 506 and 308 I.P.C., P.S. Rampur, District Mau). The charge sheet had been submitted only under Sections 323, 504, 506 I.P.C.; however, by order dated 10.11.2025 the learned Magistrate, while taking cognizance, also summoned the applicant under Section 308 I.P.C. Counsel for the applicant contended this was against State of Gujarat v. Girish Radha Krishnan Varde, 2013 LawSuit(SC) 1070, and the Learned A.G.A. had no instructions and could not dispute the claim. Noting that the charge-sheet offences were Magistrate-triable while the added Section 308 I.P.C. made it a Sessions-triable case, and adverting to the factors laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (nature and gravity of accusation, antecedents, possibility of flight, evaluation of material, exact role of the accused), the Court enlarged the applicant on interim anticipatory bail on a personal bond of Rs. 50,000/- with two sureties in the like amount, subject to conditions, with liberty to the prosecution to seek cancellation on default. The case was listed fresh on 23.03.2026 and the applicant was directed to file a certified copy of the trial Court's order sheet. The legality of the Magistrate adding Section 308 I.P.C. was not finally decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1648 of 2026

Chhotelal Patel

	.....Ap	plicant(s)
Versus
State of U.P.	....	.Opposite Party(s)
Counsel for Applicant(s) : Arvind Roop Sh	Prabodh andilya	Dubey,
Counsel for Opposite Party(s) : G.A.
Court No.- 71

HON'BLE RAJIV LOCHAN SHUKLA, J.

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

The present application has been moved seeking anticipatory bail in Case Crime no.88 of 2023, under Sections 34, 323, 504, 506 and 308 of I.P.C., Police Station Rampur, District Mau, with the prayer that in the event of arrest, applicant may be released on bail.

It is contended by learned counsel for the applicant that charge sheet was submitted for offences under Sections 323, 504, 506 I.P.C.. However, the learned Magistrate while taking cognizance has summoned the accused vide order dated 10.11.2025 under Sections 308 also. He states that this summoning is against the law laid down by the Supreme Court in the case of State of Gujarat v. Girish Radha Krishnan Varde, 2013 LawSuit(SC) 1070 , the Magistrate could not have added any Section to the charge-sheet.

Learned A.G.A. presently as he does not have instructions is unable to dispute the claim of the applicant.

NABAIL No. 1648 of 2026

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Taking into account the fact that the applicant was chargesheeted in Magistrate triable offences, however with the addition of Section 308 I.P.C. a Sessions triable case has also been added by the learned Magistrate. I deem it appropriate to enlarge the applicant on interim anticipatory bail.

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.

In the event of arrest of the applicant- Chhotelal Patel involved in the aforesaid case crime shall be released on interim anticipatory bail till 23.03.2026 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 :-

(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;

(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;

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

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

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of

NABAIL No. 1648 of 2026

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anticipatory bail granted to the applicant.

List this case on 23.03.2026 as fresh before the appropriate Bench.

Applicant is directed to file certified copy of the entire order sheet of the learned trial Court.

February 25, 2026

A.N. Mishra

(Rajiv Lochan Shukla,J.)

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