NABAIL/4332/2026 of JAGDISH ALIAS SETHI Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4332 of 2026 Court No. - 71 HON'BLE AVNISH SAXENA, J. 1. Sri Girish Singh, learned counsel for the applicant hands up the supplementary affidavit explaining the criminal history of the accused- applicant. The same is taken on record.  2. Heard Sri Girish Singh, learned counsel for the accused-applicant, learned AGA for State and perused the record. 3. The instant anticipatory bail application has been filed by applicant to grant anticipatory bail in Case Crime No. 826 of 2001, under Sections 147, 324, 353, 504, 224, 225, 307 IPC, P.S.- Civil Lines, District- Moradabad. 4. It is contended by learned counsel for accused-applicant that the accused-applicant has been falsely implicated in the F.I.R. dated 17.08.2001 lodged by the police against 10 named and 15-20 unnamed persons. The allegation in the F.I.R. is such that the police went to the village to arrest Ashok. The accused-applicant has restrained the police personnel from performing their duty. He further submits that they have started stone pelting on the police personnel, where some of the police personnel were injured.  He further submits that the main allegation of detrimental hit is on the co-accused Ashok. The charge sheet is submitted. The accused-applicant has not been arrested during the investigation. The applicant is a resident of the same village, but neither the summons, bailable warrant or  non-bailable warrant have ever been served on the Versus Counsel for Applicant(s) : Girish Singh Counsel for Opposite Party(s) : G.A. Jagdish Alias Sethi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) accused-applicant. The accused-applicant came to know about the issuance of process only when the process under Section 82 was issued by the court. Further submits that the co-accused, who is on the same footing has already been granted anticipatory bail by the coordinate Bench of this Court in order dated 19.12.2025. The accused-applicant wants to join the trial, but apprehending arrest and hence, seeks anticipatory bail. 5. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant. 6. The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court right from Gurubaksh Singh Sibbia 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. 7. This Court while considering that the accused-applicant has not been served with the process 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. 8. The applicant- Jagdish Alias Seth involved in the aforesaid case crime shall appear before the trial court or the Investigating Officer, as the case may be within 30 days from the date of this order and 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 :- (i) The applicant shall not directly or indirectly make any inducement, NABAIL No. 4332 of 2026 2 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (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. (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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. May 6, 2026 Shivangi NABAIL No. 4332 of 2026 3 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad