HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8293 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mohd. Adil, learned counsel for the applicants and Sri Radhey Shyam, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. Nil of 2009 under Sections 413, 414, 420, 467, 468, 471 IPC, Police Station Sambhal, District Sambhal with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been contended by learned counsel for the applicants that initially the case was filed under section 411 IPC in which applicants were granted bail. It is further submitted that subsequently, three cases were registered against the applicants in connection with same incident and section 413 IPC was also added. It is also submitted that applicants had no knowledge about the added section. It is further submitted that non bailable warrants have been issued against the applicants and the learned Sessions Judge had mentioned in the rejection order that non bailable warrant as well as process under section 82 Cr.P.C. have also been issued. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court and in case they are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail and submits that applicants have been evading the Versus Counsel for Applicant(s) : Mohd Adil Counsel for Opposite Party(s) : G.A. Naushad And Another .....Applicant(s) State of U.P. .....Opposite Party(s) process since long. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The applicants were enlarged on bail in the instant case under section 411 IPC but subsequently, section 413 IPC was also added. On perusal of the entire ordersheet of the learned trial court, it appears that on same date, non bailable warrant as well as process under section 82 Cr.P.C. were directed to be issued. Subsequently, NBW has been ordered to be issued. 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, antecedents of accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of 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 Naushad and Mohammed Aslam involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 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, NABAIL No. 8293 of 2025 2 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. October 13, 2025 Madhurima NABAIL No. 8293 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad