Neutral Citation No. - 2025:AHC:30546 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1550 of 2025 Applicant :- Kasim Khan And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Case No. 143 of 2019, under Sections 420, 467, 468 I.P.C., Police Station- Sirauli, District- Bareilly, till conclusion of trial. 3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Instant first information report was lodged in the year 2019 and till today no charge-sheet has been submitted in the matter. He next submitted that similarly placed co-accused, Omveer, has been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 06.09.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 9776 of 2023 and claims parity with the co-accused person. It has been submitted that in case applicants 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 AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants. 5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 7. Let the applicants- Kasim Khan, Puttan Khan, Mujeev U1 Rahman, Mehandi Hasan, Raheemdad Khan, Alia Raza Khan, Chandrapal, Chhoti, Hafijuddin and Rahees Uddin, who are involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court. iii. That 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 them from disclosing such facts to the Court or to any police officer; iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants. v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law. Order Date :- 4.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad