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Neutral Citation No. - 2025:AHC:54125 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2378 of 2025 Applicant :- Arif Manzoor Opposite Party :- State of U.P. Counsel for Applicant :- Kanhaiya Lal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri P.K. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 703 of 2019, under Sections 147, 148, 149,153, 188, 189, 332, 336, 307, 504, 506 I.P.C., 7 Criminal Law Amendment Act, 1932 and 3 Damages of Properties Act and 27 Arms Act, Police Station Civil Lines, District Aligarh. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged against 52 named and 1200-1300 unknown A.M.U. students. Vague and general allegations have been levelled against the applicant. The name of the applicant surfaced during the course of investigation. At this stage there is no credible evidence to link the applicant with the offence. Even in the CCTV footage of the alleged incident the applicant was not identified. Reliance has also been placed on the letter of the Proctor dated
18.02.2020. The co-accused Hamza Sufyan has been granted anticipatory bail by this Court vide order dated 29.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2264 of 2020, Hamza Sufyan v. State of U.P. and another. The applicant has no criminal antecedents. The investigation has been completed. The applicant had cooperated in the investigation. The charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the trial court. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the
record. 5.
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 vague and general allegations have been levelled against the applicant; the name of the applicant surfaced during the course of investigation; at this stage there is no substantive evidence to link the applicant with the offence; even in the CCTV footage of the alleged incident the applicant was not identified; co-accused Hamza Sufyan 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. 6. In the event of arrest, the applicant- Arif Manzoor, 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.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 11.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad