NABAIL/2364/2026 of AJAD ALI Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2364 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.117 of 2025, under Sections 108, 352, 351(4) of B.N.S., 2023, Police Station- Chiraiya Kot, District- Mau, with a prayer to enlarge him on anticipatory bail. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He seeks anticipatory bail on the following grounds:- (i) The applicant is not named in the First Information Report. (ii) The applicant is said to have called up the deceased four days prior to the occurrence and the mobile number of the applicant has been mentioned in the First Information Report. (iii) The applicant is said to have threatened and abused the deceased and had allegedly stated that the applicant had illicit relations with the wife of the deceased.  (iv) The Learned counsel for the applicant states that even if the version set out in the First Information Report is accepted on its face value, no offence under Section 108 B.N.S. is made out.  Versus Counsel for Applicant(s) : Uday Narain Singh Counsel for Opposite Party(s) : G.A. Ajad Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (v) The applicant does not have any criminal antecedents and has no concern with the deceased or his family members, who are nominated in the First Information Report. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has stated that mobile number of the applicant is mentioned in the First Information Report itself. During investigation, in the statement of the witness, the identity of the applicant has been determined and the call details records also indicate the veracity of the allegations made in the First Information Report. The Learned A.G.A., however, could not point out any criminal antecedents of the applicant. 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. The  First Information Report has been lodged with a delay. The incident is said to be of 14.09.2025, whereas the F.I.R. has been lodged on 9.10.2025. The applicant is not named in the First Information Report. The allegations appearing in the investigation against the applicant are of having an illicit relationship with the wife of the deceased and of threatening and abusing the applicant four days prior to the occurrence. In the opinion of this Court,  even if the allegations against the applicant are taken to be true, abetment as defined under Section 45 of B.N.S., 2023 is not made out. The ingredients of Section 45 B.N.S., 2023 require instigation and the allegations do not show that there was any instigation by the applicant, which led the victim to commit suicide. The applicant has no criminal antecedents. 7. Taking into account all the facts and circumstances of the case as discussed above and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail.  8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Ajad Ali, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the NABAIL No. 2364 of 2026 2 satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. March 19, 2026 Sachin NABAIL No. 2364 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad