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2025 DAILYLAW 16816 (ALL)

MOHAMMAD ADIL AND 2 OTHERS v. STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY HOME, LUCKNOW

NABAIL/1014/2025 · 2025-05-22

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87696 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1014 of 2025 Applicant :- Mohammad Adil And 2 Others Opposite Party :- State Of Uttar Pradesh Through Principal Secretary Home, Lucknow Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.1116 of 2016, under sections 147, 148, 323, 307 and 336 I.P.C., and under Section 31 of Criminal Law Amendment Act, P.S. Kotwali Dehat, District Bulandshahar. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report two groups were fighting amongst themselves. In the first information report 41 persons including the applicants are nominated. In the alleged incident six persons received injuries. The injuries sustained by the injured were found simple in nature. Vague and general allegations have been levelled against the applicants. The co-accused Jamal and Mataloob have been granted anticipatory bail by this Court vide order dated 15.05.2025 passed in Criminal Misc. Anticipatory Bail Application No. 1545 of 2025. Investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. Criminal history of the applicant nos. 1 and 2 have been explained in para 3 and 4 of the supplementary affidavit. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. 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 learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and the fact that in the alleged incident six persons received injuries, the injuries were found simple in nature, vague and general allegations have been levelled against the applicants, co-accused Jamal and Mataloob have been granted anticipatory bail by this Court, at this stage there is no substantive evidence to link the applicant with the offence, the fact that 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 Mohammad Adil, Fajil and Mohammad Amir, 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 their available on each and every 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 their 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 :- 23.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad