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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8206 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. (1) Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. (2) This Criminal Misc. Anticipatory Bail Application under Section 482 BNSS has been moved by the applicant after rejecting his anticipatory bail application by the order dated 22.09.2025 passed by Additional District and Session Judge/Special Judge, P.C. Act, Court No. 1, Meerut seeking Anticipatory Bail in Case Crime No. 502 of 2025, under Sections 111(3) BNS and Section 5/25 Arms Act, Police Station Lohiya Nagar, District Meerut, during the pendency of the investigation. (3) Learned counsel for the applicant has argued that as per the prosecution case, on 22.08.2025, five persons, namely, Anas, Washid, Nadeem, Amjad and Abdul Wahid were arrested by the police and from their possession, country-made pistols were recovered. After their arrest, they in their confessional statements took the name of Raja @ Salman, Farukh (applicant), Junaid and Fardeen stating inter alia that they used to purchase and sell country- made pistols and cartridges, whereby they earn a good amount of money to cover their expenses. They further disclosed that other four persons named above also deal in buying and selling pistols and cartridges. Much emphasis has been given by contending that except the confessional statements of the aforesaid arrested accused Versus Counsel for Applicant(s) : Amar Jeet Upadhyay Counsel for Opposite Party(s) : G.A. Farukh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
persons, there is no credible evidence against the applicant and he has been falsely implicated in this case. It is also pointed out that co- accused Junaid under similar accusation has been granted anticipatory bail by the coordinate Bench of this Court vide order dated 24.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 7616 of 2025, therefore, the applicant, who has no criminal history to his credit, may be released on anticipatory bail. (4) Learned Additional Government Advocate, who has accepted notice of this case on behalf of State of U.P., has opposed the prayer for granting anticipatory bail to the applicant in the light of the F.I.R. by contending that at this stage, the applicant cannot be said to be innocent.
He also submits that investigation of this case against the applicant is still pending. (5) Having heard the submissions of learned counsel for the parties and perusing the record, I find that case of present applicant stands on similar footing to that of co-accused Junaid, who has been granted anticipatory bail as noted above, therefore, the applicant has made out a prima facie case for granting anticipatory bail on the ground of parity. (6) Accordingly, it is directed that in the event of arrest of the applicant Farukh involved in the aforesaid case shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned till the submission of police report, if any, under Section 193(3) BNSS with the following conditions :- a) The applicant shall make himself available for interrogation by a police officer as and when required. b) 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. NABAIL No. 8206 of 2025 2
c) The applicant shall not leave India without the previous permission of the court. d) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. (7) With the aforesaid directions, this anticipatory bail application is allowed. October 8, 2025 Shubham NABAIL No. 8206 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad