Dharmi v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8946 of 2026

Court No. - 68 (Sl. No. 75 out of 76) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Vijay Pratap Singh, learned counsel for the applicant and Sri A.K. Shukla, learned A.G.A. for the State as well as perused the record. None is present on behalf of informant.

¶3The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 99 of 2026, under Sections 109, 117(2), 115(2), 352, 351(2) BNS, Police Station Sector 142 Noida, District Gautam Budh Nagar, with a prayer to enlarge him on anticipatory bail.

¶4At the very outset, learned counsel for the applicant has stated that the applicant has the apprehension of his arrest and has claimed parity with the co-accused persons Rohit Bhati and Jeetu @ Jitendra, who have already been granted anticipatory bail by another Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 7033 of 2026 vide order dated 24.7.2026. Learned counsel has further stated that the criminal history of the applicant stands explained. Since the case of the applicant is at par with the co-accused who have already been granted anticipatory bail, the applicant is also entitled for the same on the ground of parity.

¶5The prayer for anticipatory bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the parity to the Versus Counsel for Applicant(s) : Vijay Pratap Singh Counsel for Opposite Party(s) : Ankit Kumar Sahu, Arti Devi, G.A. Dharmi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) co-accused has not been disputed by him.

¶6Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for anticipatory bail. The anticipatory bail application of the applicant is allowed on the ground of parity.

¶7In the event of arrest of the applicant, Dharmi involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that 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 or tamper with the evidence; iii. that the applicant shall not leave India without the previous permission of the court; iv. that in case, the charge-sheet is submitted, the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶8In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the anticipatory bail of the applicant.

¶9It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2026 Shalini NABAIL No. 8946 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad