Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8242 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Nikhil Chopra, holding brief of Sri Ankur 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. The present application has been moved seeking anticipatory bail in Case Crime No. 55 of 2025, under Sections 191(1), 191(2), 115(2), 351(2), 352, 125, 324(4), 110 B.N.S., Police Station Titawi District Muzaffar Nagar 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 as general and omnibus allegations have been levelled against them. It is also submitted that specific allegation is against the co-accused who has already been granted bail by the Sessions Court at Muzaffar Nagar. It is further submitted that injuries received by four injured are not dangerous to life. It is submitted that criminal history of the applicants have 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 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. Versus Counsel for Applicant(s) : Ankur Singh Kushwaha Counsel for Opposite Party(s) : G.A. Sameer Ahmad And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
4. On the other hand, learned counsel for the first informant has opposed the application for anticipatory bail and submitted that 14 persons including the applicants have assaulted the first informant and his family members. 5. Learned AGA has also opposed the prayer for grant of anticipatory bail. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per allegation in the FIR, 14 persons including the applicants are said to have assaulted the first informant and his family members near their house. Two persons are said to have received injuries and they are not dangerous to life. Specific allegation is against the co-accused Nauman for inflicting the head injury who has been granted bail by the Sessions Court at Muzaffar Nagar.
Criminal history of the applicants have been explained at page 25 of the memo of application. 8. 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. 9. 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.
10. The anticipatory bail application is allowed.
11. In the event of arrest of the applicants- Sameer Ahmad, Aarif, Sadab and Abad involved in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.
NABAIL No. 8242 of 2025 2
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 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.
12. 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 17, 2025 Abhishek NABAIL No. 8242 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad