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2025 DAILYLAW 194514 (ALL)

TAHSEEN KHAN ALIAS TAHSEEM v. STATE OF U.P.

NABAIL/8030/2025 · 2025-10-12

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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. - 8030 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Heard Shri Manvendra Singh, learned counsel for the applicant, Shri Radhey Shyam, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.685 of 2025, under Sections 318(4), 338, 336(3), 340(2) of B.N.S., Police Station Baradari, District Bareilly, with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant has not been arrested on the spot and the name of the applicant has surfaced on the confessional statement of co-accused persons, who have been arrested on the spot. It is further submitted that nothing has been recovered from the possession of the applicant. It is further submitted that co-accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 11.05.2023 and 31.07.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.2852 of 2023 and 8463 of 2023. It is further submitted that the applicant is having criminal history of seven cases, which have been explained in supplementary affidavit filed today. It was also submitted that applicant undertakes to co-operate 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 Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A. Tahseen Khan Alias Tahseem .....Applicant(s) State of U.P. .....Opposite Party(s) bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 6. As per first information report, six persons have been arrested on the spot along with five laptop, 1 tablet, two printer/ scanner, 20 mobiles and 5 sims from different companies and 24 ATM cards. It is further submitted that the arrested co-accused persons have stated in their confessional statement that the applicant was also involved in this case. It is further submitted that the arrested co-accused persons have indulged in various offences of cheating and forgery also. Co-accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 11.05.2023 and 31.07.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.2852 of 2023 and 8463 of 2023. It is further submitted that the applicant is having criminal history of seven cases, which have been explained in supplementary affidavit filed today. 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, 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, 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- Tahseen Khan Alias Tahseem involved in the aforesaid case crime 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 NABAIL No. 8030 of 2025 2 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 co-operate 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. October 13, 2025 RKM NABAIL No. 8030 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad