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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7938 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Avadh Pratap Singh, learned counsel for the applicant and Sri Uma Shankar Mishra, 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. 111 of 2023 under Sections 323, 504, 506, 354 IPC and 7/8 POCSO Act, Police Station Chandinagar, District Baghpat with the prayer that in the event of arrest, the applicant may be released on bail. 3. At the very outset, learned AGA submits that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and he has an apprehension that he may be arrested in the same. As per the FIR, the applicant along with other co-accused persons were involved in beating the minor son of the first informant as a result of which, he received injuries. Further allegation against the applicant is that he along with co- accused Suhel used abusive language against the minor daughter of the first informant. It is further submitted that co-accused Suhel has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 27.8.2025 passed in Crl. Misc. Anticipatory Bail Application No. 6473 of 2025. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the Versus Counsel for Applicant(s) : Avadh Pratap Singh Shishodia Counsel for Opposite Party(s) : G.A. Shoaib .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
investigating agency or Court. It has been stated that in case the 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. 5. I have considered the rival submissions made by learned counsel for the parties. 6. From perusal of the FIR, it appears that the applicant along with co- accused Suhel was indulged in assaulting the minor son of the first informant and they have also used abusive language against minor daughter of the first informant.
Co-accused Suhel has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 27.8.2025 passed in Crl. Misc. Anticipatory Bail Application No. 6473 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, antecedents of the accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and 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 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 Shoaib 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 :- NABAIL No. 7938 of 2025 2
(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 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. 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. October 8, 2025 Madhurima NABAIL No. 7938 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad