Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90981 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2700 of 2025 Applicant :- Hamdan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed on behalf of the applicant today in the Court is taken on record.
2. Heard learned counsel for the applicants, Sri Jai Kishan Chaurasia, learned A.G.A. for the State and perused the record.
3. The present application has been moved on behalf of the applicants Hamdan and Mohammad Mizan seeking anticipatory bail in Case Crime No. 09 of 2025 under Sections 191 (2), 191(3), 109(1), 115(2) BNS and Section 3/25 Arms Act, Police Station Khuldabad, District Prayagraj, with the prayer that in the event of arrest, applicants may be released on bail.
4. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in the present case. He further submits that the applicants have apprehension that they may be arrested in the above-mentioned case, inspite of the fact that there is cogent evidence against them. It has further been submitted that applicants undertakes to co- operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
5. Learned A.G.A. has opposed the application for anticipatory bail.
6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.
7. The anticipatory bail application is rejected.
Order Date :- 28.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad