Neutral Citation No. - 2025:AHC:19432 Court No. - 66 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1076 of 2025 Applicant :- Tasabbar Hussain And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Tiwari,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Avinash Tiwari, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in FIR/Case Crime No.628 of 2017, under Sections 147,148,149,307,323,324 and 504 IPC, Police Station Nawabganj, District Bareilly during pendency of the trial. 3. Learned counsel for the applicants submits that FIR of the present case was however lodged against the applicants and others but entire allegations levelled against them were totally false. 4. He further submits that when applicants challenged the FIR of the present case before this Court in Criminal Misc.Writ Petition No. 28459 of 2017 then this Court stayed their arrest till the submission of police report under Section 173(2) Cr.P.C. 5. He further submits that however, charge sheet against the applicants and other accused persons has been filed in the year 2020 but no summons could ever be served upon the applicants and when applicants came to know that coercive measures are being taken against them then they filed anticipatory bail application before the court concerned but the same was dismissed. 6. He further submits that after considering entire facts in detail anticipatory bail applications of co-accused Rashid Master, Jafaruddin Mansoori and Anas Jahir alias Anas Tahir have been allowed by this Court and their bail orders have been annexed at page 146 to 154 of the paper book and on facts case of applicants is exactly at par with them. 7. He further submits that as during investigation arrest of the applicants was stayed and there is no allegation that they mis- used the liberty granted in their favour therefore, there is no occasion for them to send them in jail after submission of charge sheet. 8. He further submits that applicants are having apprehension, if they will appear before the court conferenced then they will be sent to jail. 9. He further submits that applicants are not having any previous criminal history. 10. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicants. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Considering the argument advanced by the learned counsel for the applicants and the fact that during investigation arrest of the applicants was stayed by Division Bench of this Court and similarly placed number of accused persons have already been released on anticipatory bail by this Court and apprehension of arrest raised by applicants cannot be ruled out, in my view, applicants are entitled to be released on anticipatory bail till the conclusion of the trial. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 14. In the event of arrest of the applicants-Tasabbar Hussain, Ishak, Parvej Ansari, Babboo Guddi @ Mohd. Aleem and Mumtaj Kapde Wale involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:- (i) that the applicants shall make himself available for interrogation by a police officer as and when required; (ii) 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 or tamper with the evidence. (iii) that the applicants shall not leave India without previous permission of the court; (iv) that the applicants shall not temper with the evidence during the trial; (v) that the applicants shall not pressurize/intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; 15. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 16. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 11.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad