NABAIL/2077/2025 of ANOOP KESARWANI Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER on 19 December 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2077 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for applicant as well as learned Additional Government Advocate for State. The present application for anticipatory bail has been filed for protection in regard to Case Crime No. 137/2025 U/s 309(6), 311, 115(2), 351(3), 317(2) BNS P.S. Sangramgarh, District Pratapgarh. According to the prosecution case, the complainant is a jeweller by profession and runs a jewellery shop at Awsanganj. It is alleged that on 28.07.2025, at about 7:00 p.m., while the complainant was closing his shop and proceeding towards his residence carrying approximately 7 kilograms of silver jewellery and about 70 grams of gold jewellery, four unknown persons arrived on a motorcycle. On the way, they allegedly intercepted the complainant, assaulted him, and forcibly looted and snatched the gold and silver articles from his possession. Submission of learned counsel for the applicant is that the applicant is completely innocent and has no criminal antecedents whatsoever. It is contended that the applicant has been falsely implicated in the present case. It is further submitted that the name of the applicant has surfaced only in the Versus Counsel for Applicant(s) : P.K. Mishra, Tarun Mishra Counsel for Opposite Party(s): G.A. Anoop Kesarwani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

confessional statement of co-accused Ankit Soni, and apart from the said confessional statement, there is no independent or corroborative evidence available on record to connect the applicant with the alleged offence. Learned AGA has vehemently opposed the anticipatory bail application, submitting that the offence in question is serious and grave in nature, involving looting of valuable gold and silver jewellery. It is further contended that recoveries of incriminating articles have been effected from the arrested accused persons and such recoveries were made pursuant to their confessional statements. It is also submitted that custodial interrogation of the applicant is necessary for effective investigation of the case. Perused the record. A perusal of the recovery memos reveals that co-accused persons have been arrested and from their possession several incriminating articles, including a substantial quantity of jewellery, have been recovered. The name of the applicant has surfaced in the confessional statement of co-accused Ankit Soni, from whose possession, apart from Rs. 200/- in cash and a mobile phone, 32 rings, 336 bichiya, 39 other items of white metal jewellery, and 8 nose rings were recovered. The confessional statement of Ankit Soni is directly linked with the recoveries effected at his instance. Considering the gravity of the offence, the nature of the allegations, the confessional statement of co-accused Ankit Soni, and the recoveries made on his pointing out, this Court is of the view that it does not appear to be a case of false implication. Consequently, no ground for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is dismissed. At this stage, learned counsel for the applicant seeks liberty to file a regular bail application, with a request that the same be considered in the light of the law laid down by the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and Another, arising out of Special Leave to Appeal (Criminal) No. 5191 of 2021. In view of the aforesaid prayer, it is directed that in the event a regular bail application is filed within a period of twenty days from the date of receipt of NABAIL No. 2077 of 2025

a certified copy of this order, the same shall be considered and decided in accordance with the law laid down by the Hon’ble Supreme Court vide order dated 07.10.2021 in the case of Satender Kumar Antil (supra). December 19, 2025/R.C. NABAIL No. 2077 of 2025

(Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench