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2025 DAILYLAW 26046 (ALL)

TARIQ ALI v. STATE OF U.P. AND ANOTHER

NABAIL/1856/2025 · 2025-03-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41868 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1856 of 2025 Applicant :- Tariq Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Smt. Richa Dixita,Sudhir Dixit Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 186 of 2020, under Sections 147, 148, 149, 323, 307, 336, 427, 504, 506 I.P.C., Police Station Civil Lines, District Aligarh. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Ten accused including the applicant are alleged to have fired at the son of the informant. As per the medical report, no injury was seen on the body of the injured. A vague and general role has been assigned to the applicant. Further, during the course of investigation the applicant was granted anticipatory bail till the submission of police report, by this Court vide order dated 16.06.2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2963 of 2020, Tariq Ali v. State of U.P.. Identically placed co-accused Faisal Mustafa has been granted anticipatory bail by this Court vide order dated 10.06.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 16689 of 2021, Faisal Mustafa v. State of U.P.. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that a vague and general role has been assigned to the applicant; during the course of investigation the applicant was granted anticipatory bail till the submssion of police report; identically placed co-accused Faisal Mustafa has been granted anticipatory bail by this Court; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Tariq Ali, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on 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 make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 21.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad