Neutral Citation No. - 2025:AHC:82419 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2951 of 2025 Applicant :- Naseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder 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. 262 of 2024, under Sections 272, 273 I.P.C. and 60(2) U.P. Excise Act, Police Station Civil Lines, District Moradabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged illicit liquor was recovered from an open place which does not belong to the applicant. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. During the course of investigation the applicant was granted anticipatory bail till the submission of police report by this Court vide order dated 29.05.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 5201 of 2024, Naseem v. State of U.P. and another. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. 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. 4. Learned Brief Holder for the State 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 there is no independent witness to the alleged recovery; at this stage there is no substantive evidence to link the applicant with the offence; during the course of investigation the applicant was granted anticipatory bail till the submission of police report; the investigation has been completed; 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- Naseem, 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 :- 17.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad