FATEH MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/2066/2025 · 2025-12-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195394 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2066 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. In view of the order proposed to be passed, notice to opposite party No.2 is dispensed with. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 96 of 2025, under Sections 191(2), 190, 191(3), 115(2), 352, 351(3), 333, 324(4), 310(2), 317(3) BNS, P.S.-Udaipur, District-Pratapgarh. It is submitted that during investigation arrest of the applicant was protected by the Division Bench of this Court vide order dated 10.07.2025 passed in Criminal Misc. Writ Petition No. 6118 of 2025 (Fateh Mohammad @ Fate Mohammad And others vs. State of U.P. And Others). The applicant has cooperated in the investigation and the Charge sheet in the case has already been filed. The co-accused, Aslam, has already been granted anticipatory bail by this Court vide order dated 09.12.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 No. 1933 of 2025. The role assigned to the applicant is similar to that of the co-accused. The applicant claims parity with the anticipatory bail order granted to the co-accused. The applicant has explained the criminal history of two cases in paragraph 20 of this bail Versus Counsel for Applicant(s) : Ravi Shankar Mishra Counsel for Opposite Party(s) : G.A. Fateh Mohammad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
application. The bail orders to that effect are on record as Annexure No. 10 to this application. The applicant undertakes to cooperate in the trial. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. However, he could not dispute the fact that the role assigned to the applicant is akin to that co-accused. Perused the record.
Considering the above aspects of the matter, including the fact that the charge sheet in the case has been filed, that during the investigation the arrest of the applicant was stayed by the Division Bench of this Court, that the applicant has cooperated in the investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, the bail order of the co-accused named above, and the judgment of the Supreme Court in Musheer Alam versus The State of U.P. and Another, 2025 SCC OnLine SC 116 and without entering into the merits of the case, it would be appropriate to grant protection to the applicant. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 18, 2025 Vinay/- NABAIL No. 2066 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench