Allahabad High Court
Vijay Shankar Mishra vs State Of U.P. on 20 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:207896
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6766 of 2025
Vijay Shankar Mishra
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Alok Kumar Rai
Counsel for Opposite Party(s)
:
Ujair Sarfraj, G.A.
HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. This application has been moved on behalf of the applicant - Vijay Shankar Mishra seeking anticipatory bail in Case Crime No. 176 of 2024, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kaundhiyara, District Prayagraj.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. It is alleged in the FIR that all the named accused persons including the present applicant are mafiya and their main job is to grab the government land by playing fraud. They have constructed a chabutra and boundary wall on the main road of gaon sabha which was a public road and they have also taken forcible possession over the other vacant land of gaon sabha. In this factual background, the named accused persons made an assault upon Manish Mishra on 11.10.2022 with lathi danda, who sustained serious injuries and a criminal case as case crime no. 229 of 2022 was registered against the present applicant and other persons. In counter blast, Kashi Naresh Mishra, on the basis of forged medical papers including the x-ray plate in his favour lodged an F.I.R. as case crime no. 246 of 2022 and when notice was sent to him by the District Magistrate, Prayagraj, he did not appear before the Medical Board. He also advertised two different medical reports in connection with the injured Manish Mishra. Subsequently on the basis of order passed on an application under Section 156(3) CrPC moved by Kashi Naresh Mishra against the informant, a case as case crime no. 58 of 2024 was lodged, which is under investigation. After investigation charge sheet has been submitted in this matter.
4. It is submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is also submitted that as per the contents of the FIR the main accused of this case is Kashi Naresh Mishra, who procured forged medical reports and other documents. It is also submitted that the present matter is purely of civil nature and the present applicant has not been assigned main role in commission of the alleged crime. Except present matter, no FIR has been lodged against the present applicant. After completion of investigation, charge sheet has been submitted in the matter. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. Applicant was cooperative during investigation. It is also submitted that the applicant was granted interim protection till filling of police report under Section 193(3) of BNSS vide order dated 26.11.2024 passed by a Division of this Court in Criminal Misc. Writ Petition No. 19493 of 2024. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.
5. Learned A.G.A. opposed the prayer for anticipatory bail and submitted that the present applicant is also a member of group of criminals which includes his own son and other persons. Sufficient evidence has been collected during investigation against the present applicant.
6. I have considered the rival submissions made by the learned counsel for the parties.
7. It appears that the investigation in the matter has been completed and charge sheet has been filed. The applicant was cooperative during investigation. Applicant was granted interim protection vide order dated 26.11.2024 by a Division Bench of this Court in Criminal Misc. Writ Petition No. 19493 of 2024 till filling of police report under Section 193(3) of BNSS. No custodial interrogation of the applicant is required in the matter.
8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.
It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.
It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
9. In Aman Preet Singh v. CBI, (2022) 13 SCC 764, the Hon'ble Apex Court has held that :
"11. A reading of the aforesaid shows that it is the guiding principle for a Magistrate while exercising powers under Section 170CrPC which had been set out. The Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge-sheet forthwith and proceed in accordance with the procedure laid down under Section 173CrPC. It has been rightly observed that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest. In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated under Section 87CrPC that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him. In fact the observations in sub-para (iii) above by the High Court are in the nature of caution.
12. So far as the present case is concerned and the general principles under Section 170CrPC, the most apposite observations are in sub-para (v) of the High Court judgment in the context of an accused in a non-bailable offence whose custody was not required during the period of investigation. In such a scenario, it is appropriate that the accused is released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody are itself sufficient to entitle him to be released on bail. The rationale has been succinctly set out that if a person has been enlarged and free for many years and has not even been arrested during investigation, to suddenly direct his arrest and to be incarcerated merely because charge-sheet has been filed would be contrary to the governing principles for grant of bail. We could not agree more with this."
10. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.
11. The application is allowed accordingly.
12. In the event of arrest of the applicant, 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 make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.
(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 from disclosing such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.
13. In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant.
(Nalin Kumar Srivastava,J.)
November 20, 2025
safi
