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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7959 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ajay Mishra, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.467 of 2024, under Sections 110, 352, 117(2) of B.N.S., Police Station Nawabad, District Jhansi, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Learned counsel for the applicant submits that there are general and omnibus allegations against the applicant and the co-accused Fardeen Khan has already been granted bail by Co-ordinate Bench of this Court vide order dated 08.10.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7239 of 2025 (Fardeen Khan Vs. State of U.P.). It is further submitted that the charge sheet in this case has already been submitted and the maximum punishment, which can be imposed on conviction is 7 years. It is also submitted that none of the injuries sustained by the injured are dangerous to life. Learned counsel further submitted that the applicant 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 Versus Counsel for Applicant(s) : Ajay Mishra, Shri Krishna Mishra Counsel for Opposite Party(s) : G.A. Amir Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
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 fact that the co-accused Fardeen Khan has already been granted bail by Co-ordinate Bench of this Court. 5. As per first information report, the allegation is that the applicant along with other two co-accused persons assaulted the brother of the first informant, as a result of which, he fell unconscious.
As per injury report of the injured, none of the injuries are dangerous to life and co-accused Fardeen Khan has already been granted bail by Co-ordinate Bench of this Court vide order dated 08.10.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7239 of 2025 (Fardeen Khan Vs. State of U.P.). It is further submitted that the charge sheet in this case has already been submitted. 6. 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, 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. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Amir Khan involved in the aforesaid case crime shall be released on anticipatory bail on their 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;
NABAIL No. 7959 of 2025 2
(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 co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10. 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. October 9, 2025 RKM NABAIL No. 7959 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad