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2025 DAILYLAW 2840 (ALL)

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

NABAIL/10758/2025 · 2026-05-05

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10758 of 2025 Court No. - 73 HON'BLE VIKRAM D. CHAUHAN, J. 1. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants -Guljar Ali and Jakir Ali in Case Crime No. 191 of 2014, under Sections 409, 419, 420, 467, 468, 471, 120B, 204 I.P.C. and Section 13(2) of Prevention of Corruption Act, Police Station -Mursan, District -Hathras. 2. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicants that the applicant were running an educational institution where as the allegation in the first information report the amount of scholarship is alleged to have been misappropriated. The first information report was lodged in the year 2014 and the charge sheet has been submitted in the year 2025. During investigation, the applicant stay order was granted by this Court in favour of the applicants. The applicants have been falsely implicated in the present case as no amount has been received in the account of the institution as per the report of Assistant Basic Siksha Adhikari. The applicant has no criminal history. The co-accused Salman Farooq has already been granted anticipatory bail by order dated 16.12.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7737 of 2025, co-accused Sabbhiran Begam, Shabnam Jahan and Tajuddin have been granted anticipatory bail by order dated 16.12.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.10596 of 2025, Versus Counsel for Applicant(s) : Krishna Kant Shukla Counsel for Opposite Party(s) : G.A. Guljar Ali And Another .....Applicant(s) State of U.P. .....Opposite Party(s) co-accused Ashish Pundir has been granted anticipatory bail by order dated 17.10.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.8500 of 2025 and co-accused Mohd. Idrish Ali and Smt. Shabnam have been granted anticipatory bail by order dated 3.12.2025 in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.10096 of 2025. The applicants claim parity with the aforesaid co-accused. 3A. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time. 4. Learned A.G.A. opposed the prayer but does not dispute the parity. 5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence. 6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for NABAIL No. 10758 of 2025 2 the State. 8. In view of the above, the applicants are granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police office as and when required. (ii) 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 themselves from disclosing such facts to the Court or to any police office. (iii) The applicants shall not leave India without the previous permission of the Court concerned. (iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required. (vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicants shall maintain law and order. (viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned. (ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. NABAIL No. 10758 of 2025 3 (x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law. 9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants. 10. With the directions made above, the anticipatory bail application stands allowed. May 6, 2026 Bhaskar NABAIL No. 10758 of 2025 4 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad