HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12900 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved on behalf of the applicants namely Ainul Haq, Rais Ahmad, Anees Ahmad and Naim Ahmad seeking anticipatory bail in Case Crime No. 220 of 2023 under Sections 147, 323, 504, 506, 384, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Aligarh, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It has been argued by the learned counsel that the matter pertains to civil in nature and with regard to the property in question, civil dispute for permanent injunction is also pending consideration between the parties. Learned counsel further argued that the dispute is purely of civil nature which has been dragged into criminal prosecution of the applicant at the behest of the informant, which is nothing but an abuse of the process of law. Learned counsel also argued that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that no coercive process has been issued against the applicants so far. It was also submitted that applicants undertakes to co- operate during investigation and 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 Versus Counsel for Applicant(s) : Mohd. Saleem Khan Counsel for Opposite Party(s) : G.A. Ainulhaq And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A.has opposed the application for anticipatory bail. He further submits that during the pendency of the instant anticipatory bail application, the investigation has been culminated in submission of charge sheet. Learned counsel further argued that after grant of interim order dated 23.11.2023, the accused-applicants are not attending the trial and in this regard, he has produced the order sheets of the case to demonstrate that the applicants are not appearing before the trial Court., copy of which has been produced before this Court and is taken on record, which is marked as "X". 5. The co-ordinate Bench of this Court vide order dated 23.11.2023 has granted interim protection to the accused-applicant as well as accused- applicants in the connected anticipatory bail application. 6. Perusal of the record shows that specific allegations have been levelled against the applicants in commission of offence. The investigating officer, during the course of investigation found the complicity of the applicants in commission of offence which are supported by oral as well as documentary evidence and after collecting credible evidence against the applicants submitted charge sheet. Furthermore, perusal of the order sheets of the case, also shows that the applicants are not appearing before the trial Court. Hon'ble Apex Court in the matter Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, has held 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. 7. After hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail. 8. Interim order, if any, stands vacated. ABAIL No. 12900 of 2023 2 9. Accordingly, the prayer for grant of anticipatory bail is rejected. 10. Office is directed to communicate the order passed by this Court to the concerned Court below forthwith. September 24, 2025 S.Ali ABAIL No. 12900 of 2023 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad