Allahabad High Court
Netrapal Singh vs State Of U.P. And Another on 19 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:207008
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9603 of 2025
Netrapal Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ramesh Kumar
Counsel for Opposite Party(s)
:
G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ramesh Kumar Kannaujia, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.
2. Present application has been moved seeking anticipatory bail in Case Crime No. 311 of 2024, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 324(4), 109, 117(2) B.N.S., Police Station Barhan, District Agra with the prayer that in the event of arrest, applicant may be released on bail.
3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that co-accused Lokendra and Ashok Singh has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.7.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 5573 of 2025. It is also submitted that no specific role has been assigned to the applicant and one of the injuries of injured Dharmendra is said to be dangerous to life. It is further submitted that the applicant is having no criminal history. 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. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect.
5. I have considered the rival submissions made by learned counsel for the parties.
6. As per the allegation in the first information report, 10 named persons including the applicant and 10-15 unknown persons are said to have assaulted the first informant side as a result of which 06 persons are said to have received injuries. No specific role has been assigned to the applicant. One of the injuries received by injured Dharmendra is said to be dangerous to life. The applicant is having no criminal history. Co-accused Lokendra and Ashok Singh has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.7.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 5573 of 2025.
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.
8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.
9. The anticipatory bail application is allowed.
10. In the event of arrest of the applicant- Netrapal Singh involved in the aforesaid case crime, he shall be released on 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, with the following conditions :-
(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;
(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;
(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.
(iv) The applicant shall not leave India without prior permission of the Court concerned.
11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein.
(Jitendra Kumar Sinha,J.) November 19, 2025 Abhishek