Disposed¶15

Jagveer and Another v. State of U.P.

Allahabad HC28 Mar 2026NABAIL/2442/2026

Case brief

AI extract

What is this about?

Allahabad High Court; anticipatory bail; S.482 BNSS; parity with co-accused; contradictory orders by same judge; explanation called from ADJ Court No.2 Aligarh (Rakesh Vashisth); BNS Sections 191(2), 191(3), 115(2), 109(1); Case Crime No.02 of 2026; P.S. Khair, Aligarh; Jagveer and Sanjay vs State of U.P.; cross FIR; injuries on both sides; co-accused Laxmi Narayan granted bail 05.02.2026; applicants rejected 21.02.2026; listed fresh 10.04.2026; Registrar (Compliance) direction.

What did the court decide?

No decision on the anticipatory bail application at this stage; the Court called upon the trial court judge to explain the contradictory orders and listed the case fresh on 10.04.2026, with the Registrar (Compliance) to collect the explanation by e-mail. ¶15

Jagveer and Another vs State of U.P. — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants (Jagveer and Sanjay) are entitled to anticipatory bail in Case Crime No.02 of 2026 (BNS Sections 191(2), 191(3), 115(2), 109(1), P.S. Khair, Aligarh), particularly in light of bail granted to co-accused Laxmi Narayan on the same material by the same judge.

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Court's answer

It appears to this Court that the same judge (Additional District and Sessions Judge, Court No.2, Aligarh) on the basis of the same material granted bail to co-accused Laxmi Narayan by order dated 05.02.2026 but rejected the anticipatory bail of the present applicants by order dated 21.02.2026, i.e., passed two contradictory orders on the same material.

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Ratio / Principle

The Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth) is directed to submit his explanation as to why he passed two contradictory orders on the basis of the same material; the Registrar (Compliance) is to send him a copy of this order, obtain his explanation through e-mail by the next date, and place it on record.

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Detailed headnote1 paragraphs

Anticipatory bail under S.482 BNSS - Case Crime No.02 of 2026, P.S. Khair, District Aligarh, under Sections 191(2), 191(3), 115(2), 109(1) BNS - applicants' anticipatory bail rejected by the Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth) by order dated 21.02.2026, while co-accused Laxmi Narayan was granted bail on the same material by order dated 05.02.2026 - Single Judge (Arun Kumar Singh Deshwal, J.) observes that two contradictory orders were passed on the same material - directs the said judge to submit an explanation - Registrar (Compliance) to obtain the explanation through e-mail and place it on record - case listed fresh on 10.04.2026 - bail application not decided on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2442 of 2026

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Jagveer And Another	Versus	.....	Applicant(s)
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Gupta, Vandana Gupta	Punit	Kesarwani,
Counsel for Opposite Party(s)	: G.A.

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Shri Mohd. Faizan Ali, Advocate, holding brief of Shri Ashutosh Gupta, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No.02 of 2026, under Sections 191(2), 191(3), 115(2), 109(1) Β.N.S., Police Station Khair, District Aligarh.

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Contention of the counsel for the applicant is that in the incident in question, both sides have received injuries, and FIR was lodged against each other. He further submitted that the Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth) has rejected the anticipatory bail of the applicants by order dated 21.02.2026, however, on the basis of same material co-accused Laxmi Narayan was granted bail by the same Court by order dated 05.02.2026. Therefore, the applicants are also entitled to be released on anticipatory bail.

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Per contra , learned A.G.A. for the State vehemently opposed the bail application and submitted that as both sides have received the injuries, therefore, it cannot be said that no incident was occurred. As such, the applicants are not entitled to be released on anticipatory bail.

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Considering the aforesaid submission and upon perusal of the order

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NABAIL No. 2442 of 2026

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dated 05.02.2026 passed by the Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth), it appears that the same judge on the basis of same material, granted bail to co-accused Laxmi Narayan, however, on the same material rejected anticipatory bail of the present applicants namely Jagveer and Sanjay vide order dated 21.02.2026.

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In view of above, the Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth) is directed to submit his explanation as to why he has passed two contradictory orders on the basis of same material.

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List this case on 10.04.2026 as fresh.

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Registrar (Compliance) is directed to send a copy of this order to the Additional District and Sessions Judge, Court No.2, Aligarh (Mr. Rakesh Vashisth) and obtain his explanation through e-mail by the next date of listing and place the same on record for perusal of the Court.

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(Arun Kumar Singh Deshwal,J.)

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March 28, 2026

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CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Jagveer and Another v. State of U.P.

Case brief

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Jagveer and Another v. State of U.P.

Case brief

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