Kamal Hasan vs State of U.P. through Its Principal Secretary (Home) at Lucknow, U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 262 of 2026

Kamal Hasan

.....Applicant(s)

Versus

State Of U.P. Through Its Principal Secretary (Home) At Lucknow, U.P. And Another

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Counsel for Applicant(s) (ome) t ucnow, .. n noter	: Atul Kumar .....Opposite Party(s)
Counsel for Opposite Party(s)	: G.A.

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Court No. - 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Sri Atul Gaur, learned counsel for the applicant and Sri Radhey Shyam, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 95 of 2025, under Sections 109(1), 318(4), 336(2), 338, 336(3), 340(2), 317(4), 317(5), 3(5) of B.N.S. and Sections 3/25/27 Arms Act, Police Station Budhana, District Muzaffar Nagar with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that the applicant was not arrested from the spot and that his name surfaced only in the confessional statement of the co-accused persons. It is further submitted that nothing has been recovered from the possession of the applicant. It is also submitted that applicant has no criminal history to his credit. 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 and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

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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

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NABAIL No. 262 of 2026

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2

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Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration.

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Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Kamal Hasan in the event of his arrest, be released on interim 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 till 06.02.2026 with the following conditions :-

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(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;

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(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;

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

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

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

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Put up this case as fresh on 06.02.2026.

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In the meantime, learned AGA is directed to seek instructions in the matter.

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(Jitendra Kumar Sinha,J.)

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January 16, 2026 Vibha Singh

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

Kamal Hasan v. State of U.P. through Its Principal Secretary (Home) at Lucknow, U.P. and Another

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Kamal Hasan v. State of U.P. through Its Principal Secretary (Home) at Lucknow, U.P. and Another

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