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2025 DAILYLAW 104595 (ALL)

MAHJABEEN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/8275/2025 · 2025-10-12

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8275 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. 2. Heard Sri Shashank Dwivedi, learned counsel for the applicants and Sri Uma Shanker, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 144 of 2025, under Sections 115(2), 118(2), 351(3), 352, 109(1), 333, 191(2), 191(3), 3(5), 117(2) B.N.S., Police Station Kotwali Dehat, District Bijnor with the prayer that in the event of arrest, applicants may be released on bail. 4. It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicants as general and omnibus allegations have been levelled against the applicants that they along with other co-accused indulged in assaulting the first informant side, as a result of which three persons of the informant side received injuries. It is submitted that one of the injuries of injured Akram is said to be fracture on nasal bone and rest of the injuries of the injured are simple in nature. It is further submitted that the applicants are having no criminal history. Further submission is that co-accused Ataurrehman, Arman, Sofiyan and Osama @ Tauheed have already been granted anticipatory bail by a co-ordinate Bench of this Versus Counsel for Applicant(s) : Rajiv Sisodia, Shashank Dwivedi Counsel for Opposite Party(s) : G.A. Mahjabeen And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Court vide order dated 9.9.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 No. 7344 of 2025. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 6. I have considered the rival submissions made by learned counsel for the parties. 7. The applicants along with co-accused persons are said to have assaulted the first informant side as a result of which three persons of the informant side received injuries except injuries of one injured Akram is said to be fracture on nasal bone and rest of the injuries are simple in nature. There is no allegation against the applicants and they are having no criminal history. Co-accused Ataurrehman, Arman, Sofiyan and Osama @ Tauheed have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 9.9.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 No. 7344 of 2025. 8. 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, 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. 9. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. NABAIL No. 8275 of 2025 2 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicants- Mahjabeen and Gulnaz involved in the aforesaid case crime, they 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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 applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 12. 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 applicants herein. October 13, 2025 Abhishek NABAIL No. 8275 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad