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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8769 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri V.P. Singh Kushwaha, learned counsel for the applicants and Sri B.P. Maurya, learned A.G.A. appearing for the State respondents and perused the record. 2. Present application has been moved seeking anticipatory bail in Case Crime No. 397 of 2025, under Sections 191(2), 191(3), 190, 333, 115(2), 352, 109(1), 351(3), 110, 131, 323(2) B.N.S., Police Station Sahawar District Kasganj with the prayer that in the event of arrest, applicants may be released on bail. 3. 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. It is submitted that as per the FIR the applicant along with other co-accused persons are said to have assaulted the first informant side as a result of which some of the members of the informant side received injuries which are not dangerous to life. It is further submitted that co-accused Mohsin Beg and Alsaf have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.9.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 7635 of 2025. It is further submitted that the applicant is having criminal history, which has been explained in the memo of application. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the Versus Counsel for Applicant(s) : Vijay Prakash Singh Kushwaha Counsel for Opposite Party(s) : G.A. Aatif Minor And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6.
As per allegation in the first information report, applicant along with other co-accused persons are said to have assaulted the first informant side as a result of which some of the members of the informant side received injuries but none of the injuries are not dangerous to life. Co- accused Mohsin Beg and Alsaf have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.9.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 7635 of 2025. The applicant is having criminal history, which has been explained in the memo of application. 7. 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. 8. 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. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicants involved in the aforesaid case NABAIL No. 8769 of 2025 2
crime, the applicant Aatif (minor) and Faiz @ Faiz Beg (minor), both sons of Late Shri Mustakim Beg @ Mustakim shall be released on anticipatory bail in the custody of his natural guardian Smt. Mahajavin Begam w/o late Shri Mustakim Beg @ Mustakim on her furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till submission of the police report under Section 193(3) BNSS, 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. 11. 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 29, 2025 Abhishek NABAIL No. 8769 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad