HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8533 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Mr. M. Asif and Mr. Ayub Khan, Advocates have filed vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicants, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.319 of 2025, under sections 191(2), 191(3), 190, 109(1), 352, 351(3), 61(2) B.N.S., P.S. Akrabad, District Aligarh. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report the applicants along with three others are alleged to have fired at the informant and his brother. In the alleged incident, Mohd. Arif is stated to have received two firearm injuries. According to the the statement of the injured, co- accused Hasan Gyas and Chota Amir Gyas are alleged to have caused injuries. In the statement of the informant to the police Hasan Gyas, Chota Amit Gyas and Zubair were named as the Versus Counsel for Applicant(s) : Bhavya Sahai, Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Zeeshan Ali And Another .....Applicant(s) State of U.P. .....Opposite Party(s) associates who caused injuries. The role of exhortation has been attributed to the applicants. The role of the applicants is clearly distinguishable from that of three co-accused. It is next contended that as per C.D. No.8 dated 20.7.2025, the investigating officer has recorded that the applicants were not present at the spot at the time of alleged incident. Investigation has been completed. During the course of investigation, the applicants were granted anticipatory bail till submission of police report by this Court vide order dated 01.9.2025 passed in Criminal Misc. Anticipatory Bail Application No.7097 of 2025. The applicants had cooperated in the investigation. Charge-sheet has been filed. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants have no criminal antecedents. 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. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants, and the fact that the role of exhortation has been attributed to the applicants, as per C.D. No.8 dated 20.7.2025, the applicants were not present at the spot at the time of alleged incident, investigation has been completed; during the course of investigation, the applicants were granted anticipatory bail till submission of police report; the applicants had cooperated in the investigation; charge sheet has been filed; the applicants have been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail. 7. In the event of arrest, the applicants Zeeshan Ali and Junaid, 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:- NABAIL No. 8533 of 2025 2 (i) the applicants shall make themselves available on each 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 passports, the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. October 17, 2025 Manish Kr NABAIL No. 8533 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad