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Neutral Citation No. - 2025:AHC:39260 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11859 of 2024 Applicant :- Shuaib & Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard Mohd. Qasim, counsel for the applicants through video conferencing, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 406 of 2022, under sections 307, 506 I.P.C., Police Station Lisadi Gate, District- Meerut, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The incident is alleged to have occurred on 13.07.2022. The first information report was lodged on 16.07.2022. The delay is fatal to the prosecution case. In the alleged incident, no person has received any injury. Further, during the course of investigation, the applicants were granted anticipatory bail till submission of Police report by this Court vide orders dated 15.02.2023 and 27.02.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 12719 of 2022 and 12721 of 2022 respectively. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned court. The criminal history of the applicants have been explained in para no. 15 of the bail application. The applicants have apprehension of their arrest. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations and the fact that the F.I.R. was lodged belatedly, the fact that in the alleged incident, no person has received any injury, the fact that during the course of
investigation, the applicants Shuhaib and Suhail were granted anticipatory bail till submission of Police report by this Court. Charge-sheet has been filed. The applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6.
In the event of arrest, the applicants Shuaib and Suhail, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 make themselves available on each date fixed in the matter 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 19.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad