Neutral Citation No. - 2025:AHC:88285 Court No. - 81 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12036 of 2024 Applicant :- Aslam Qureshi Alias Aslam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 145 of 2023, under Sections 147, 332, 353, 307, 427, 323, 504, 506 I.P.C., Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, Police Station-Cantt, District- Bareilly. It has been submitted by learned counsel for the applicants that earlier the applicants were granted anticipatory bail by this Court vide Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6452 of 2023 till the submission of police report under Section 173(2) Cr.P.C. Chargesheet has already been submitted against the applicants. It has further been submitted by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated. There is no other criminal history. In case, the applicants are released on anticipatory bail, they would not misuse the liberty of bail and would cooperate with the trial proceedings. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record and without making any further comment on the merits of the case, the applicants are entitled to be released on anticipatory bail in this case till the conclusion of trial. The Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98 has held that the bail can be granted to an accused till the conclusion of trial and, therefore, applicants' prayer can be considered for grant of anticipatory bail till the conclusion of trial. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed. Let the applicants-Aslam Qureshi @ Aslam, Arif Qureshi @ Mohd. Arif and Sartaz Qureshi shall be released on anticipatory bail in Case Crime No. 145 of 2023, under Sections 147, 332, 353, 307, 427, 323, 504, 506 I.P.C., Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, Police Station-Cantt, District-Bareilly on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned till conclusion of trial subject to following conditions:- i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned Trial Court. ii. The applicants shall surrender his passport, if any, to the concerned Trial Court forthwith. Their passports will remain in custody of the concerned Trial Court. iii. That 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 them from disclosing such facts to the Court or to any police officer; iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants. v. In case, the applicants misuse the liberty of bail, the Trial Court concerned may take appropriate action in accordance with law. and judgment of Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law. Order Date :- 23.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad