Sushant Singh Dhakrey and Another vs State of U.P. and Another

1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. Sri K.K. Dwivedi, learned counsel has filed vakalatnama on behalf of the first informant, which is also taken on record.

¶11

2. Heard Sri Ashish Goyal, learned counsel for the applicants and Sri J.P. Singh, learned A.G.A. for the State and Sri K.K. Dwivedi, learned counsel for the first informant and perused the record.

¶12

3. Present application has been moved seeking anticipatory bail in Case Crime No. 70 of 2025, under Sections 115(2), 118(1), 117(2), 352 BNS and Section 3(2)(vi) SC/ST Act, Police Station Barhan, District Agra with the prayer that in the event of arrest, applicants may be released on bail.

¶13

4. Learned counsel for the applicants submits that applicants are innocent and they have an apprehension that they may be arrested in the abovementioned case. He further submits that no offence is made out against the applicants. It is further submitted that similarly placed co-accused Kripal Singh has already been granted anticipatory bail by this Court vide order dated 17.12.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9478 of 2025 and the role of the applicants is not distinguishable from the role of the co-accused who has been granted anticipatory bail. It is submitted that no specific role has been assigned to any of the applicants and none of the injuries of the injured is dangerous to life. It was also submitted that applicants undertake to co-

¶14

NABAIL No. 869 of 2026

¶15

2

¶16

operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

¶17

5. Learned counsel for the first informant submits that the order passed in the case of co-accused Kripal Singh was behind his back as he was not present and he was having no notice that the case was being heard and therefore, an application for recall of the said order dated 17.12.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9478 of 2025 has been filed which is pending consideration. He, therefore, submits that present application be taken up along with the said recall application.

¶18

6. Learned AGA has also opposed the prayer for grant of anticipatory bail.

¶19

7. 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, the 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.

¶20

8. Considering the above submissions of the learned counsel for the applicants and without expressing any opinion on merits, the applicants- Sushant Singh Dhakrey and Shivam Dhakrey involved in the aforesaid case crime be released on interim anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 24.2.2026 with the following conditions :-

¶21

(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

¶22

NABAIL No. 869 of 2026

¶23

3

¶24

(ii) The applicants 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;

¶25

(iii) The applicants would cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

¶26

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

¶27

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

¶28

10. List this case as fresh on 24.2.2026 at 2 pm.

¶29

11. Office is directed to list the recall application for recalling the order dated 17.12.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9478 of 2025 along with this application on the date fixed.

¶30

(Jitendra Kumar Sinha,J.)

¶31

February 6, 2026

¶32

Abhishek

¶33

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Sushant Singh Dhakrey and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sushant Singh Dhakrey and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Kamlesh Yadav vs State of U.P.

Bhupendra vs State of U.P.

Ram Anuj Dubey vs State of U.P. and Another

Gaurav vs State of U.P.

Arpit Saxena vs State of U.P.

Harishchandra and 4 Others vs State of U.P. and Another