HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8502 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Mohammad Hasham, holding brief of Sri Syed Faiz Hasnain, learned counsel for the applicant and Sri Shiv Dutt Shukla, 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. 201 of 2025, under Sections 126(2), 140(1), 308(5) B.N.S., Police Station Mundha Pandey, District Moradabad with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the name of the applicant has surfaced during investigation on the confessional statement of co-accused Raza Chaudhary and Tufail @ Toufeeq. It is further submitted that co-accused Raza Chaudhary and Tufail @ Toufeeq have already been granted regular bail by a co-ordinate Bench of this Court vide order dated 18.7.2025 and 28.7.2025 passed in Criminal Misc. Bail Application No. 23987 of 2025 and 24114 of 2025 respectively. It is further submitted that another co-accused Nazir Ali has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 26.8.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 6646 of 2025. It is further submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate Versus Counsel for Applicant(s) : Syed Faiz Hasnain Counsel for Opposite Party(s) : G.A. Anwar .....Applicant(s) State of U.P. .....Opposite Party(s) during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate 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. Name of the applicant has surfaced during investigation on the confessional statement of co-accused Raza Chaudhary and Tufail @ Toufeeq who have been grated regular bail by a co-ordinate Bench of this Court vide order dated 18.7.2025 and 28.7.2025 passed in Criminal Misc. Bail Application No. 23987 of 2025 and 24114 of 2025 respectively and another co-accused Nazir Ali has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 26.8.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 6646 of 2025. The applicant is having no criminal history. 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 applicant 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 applicant- Anwar involved in the NABAIL No. 8502 of 2025 2 aforesaid case crime, he shall be released on anticipatory bail on his 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 applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant 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 applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant 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 applicant herein. October 17, 2025 Abhishek NABAIL No. 8502 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad