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2025 DAILYLAW 193155 (ALL)

MOHAMAD ARIF @ MOOSA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/8084/2025 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8084 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Sandeep Tripathi learned counsel for the applicants and Sri B.P. Singh, 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. 79 of 2025, under Sections 191(2), 352, 115(2), 110, 351(2) of B.N.S., Police Station Nai Mandi, District Muzaffarnagar with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been argued 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, whereas there is no credible evidence against them. Learned counsel for the applicants submits that no offence is made out against the applicants. It is further submitted that the applicants along with co-accused Hussni and three unknown persons are said to have inflicted injuries by danda, belt and iron tawa on the person Gulzar, husband of the first informant. It is further submitted that the injuries of the injured are simple in nature. It is further submitted that the applicants are having no criminal history and charegesheet has been submitted in the present case. It is further submitted that co-accused Hussni has already been granted anticipatory bail by this Court vide order dated 8.8.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 6371 of 2025. 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 Versus Counsel for Applicant(s) : Sandeep Tripathi Counsel for Opposite Party(s) : G.A. Mohamad Arif @ Moosa And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the applicants along with co-accused Hussni and three unknown persons inflicted injuries on the person Gulzar, husband of the first informant, however, injuries on the said person are not dangerous to life. Co-accused Hussni has already been granted bail by this Court vide order dated 8.8.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 6371 of 2025 The applicants are having no criminal history and chargesheet in the present case has already been submitted. 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. In the instant case, 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- Mohammad Arif @ Moosa, Saddam, Naseem and Shuaib involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. NABAIL No. 8084 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. 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 7, 2025 Abhishek NABAIL No. 8084 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad