Mahaveer vs State of U.P. and Another

The present anticipatory bail application under Section 482 of BNSS has been filed by the applicant with a prayer to release him on anticipatory bail in Case Crime No. 103 of 2020, under Sections 323, 504, 308 IPC, P.S. Dhanari, District Sambhal, during pendency of the trial.

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It is contended by learned counsel for the applicant that initially the NCR was registered by the informant against the accused-applicant and coaccused for assaulting the informant and his family members. Further submits that during the investigation, the applicant has not been arrested. It is the counterblast case. Initially, the Aunt of the applicant has lodged the F.I.R. against the cousin brother of informant, which led to the lodging of the NCR in counterblast. Further submits that on the basis of injury report does not show injury fatal to life. The summons and non-bailable warrant have not been served on the applicant. The applicant want to join the trial, but he apprehends the arrest. He has no criminal history. Hence, seeks anticipatory bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

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The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon'ble Supreme Court right from Gurubaksh Singh Sibbia

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NABAIL No. 4316 of 2026

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2

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Vs. State of Punjab reported in (1980) 2 SCC 565, Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1 , wherein it is consistently held by Hon'ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk.

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This Court while considering that during the investigation, the accused has not been arrested and further considering the gravity of accusation and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial, is of considered view to grant anticipatory bail.

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In the event of arrest of the applicant- Mahaveer involved in the aforesaid case crime shall be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with following conditions :-

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(i) 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.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS.

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(iv) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his/their counsel.

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NABAIL No. 4316 of 2026

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3

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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(Avnish Saxena,J.)

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May 5, 2026 Sharad/-

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Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Mahaveer v. State of U.P. and Another

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Mahaveer v. State of U.P. and Another

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