Neutral Citation No. - 2025:AHC:81458 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14517 of 2023 Applicant :- Nasim And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Ahmad Siddiqui,Ashfaq Ahmed Ansari,Mohd. Kalim,Shashi Kant Shukla Counsel for Opposite Party :- Ankit Srivastava,Ch. Dil Nisar,G.A. Hon'ble Vivek Varma,J. 1. Case called out in the revised list. No one appears on behalf of the informant- opposite party no.2. 2. Despite time granted to the informant as well as learned AGA for the State, no counter affidavit has been filed. 3. Heard learned counsel for the applicants as well as Sri Raj Shekhar Srivastava, learned A.G.A. for the State and perused the material available on record. 4. The applicants were granted interim anticipatory bail by the co-ordinate Bench of this Court vide order dated 07.03.2025. The order is quoted herein below;- "1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicants in Case Crime No. 07 of 2022, under sections 420, 120B, 467, 468 and 471 I.P.C., P.S. Deoband, District-Saharanpur. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. He next submits that a dispute of purely civil nature between the parties has illegally been dragged into criminal prosecution of the applicant at the behest of the opposite party no. 2. He further submits that no offence as alleged in the F.I.R. is made out against the applicants. The Investigating Officer has submitted chargesheet and learned Magistrate has taken cognizance of the same and issued summons against the applicant. In case, applicants are granted anticipatory bail, they would not misuse the liberty of bail and would co-operate with the investigation. Applicants have definite apprehension of their arrest by the police. 4. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicants with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out. 5. Learned AGA has accepted notice on behalf of opposite party no.1. 6. Learned A.G.A. is granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two week s thereafter. 7. List this case after six weeks. 8. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case crime number/ complaint case. In the event of arrest, the applicants shall be released on interim anticipatory bail 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 applicants shall make themselves available on the dates fixed by the Trial Court. (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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurize/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted. 9. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants." 5. Counsel for the applicants contends that pursuant to the order dated 07.03.2025, the applicants had furnished bail bonds before the Station House Officer concerned and had joined the investigation. The dispute between the parties is with regard to the office bearers of the Committee of Management of Waqf, the appropriate remedy for adjudication is the Waqf Tribunal. The instant prosecution has been instituted only for the purposes of harassment. During the pendency of investigation, the applicants were granted protection by this Court vide order dated 08.02.2022 passed in Criminal Misc. Writ Petition No. 807 of 2022 (Afaq and 6 others Vs. State of U.P.& 2 others). Investigation has been completed. Charge sheet has been submitted. The applicants have been summoned by the concerned court. No custodial interrogation is required. At this stage, there is no substantive evidence to link the applicants with the offence. The applicants have no criminal antecedents. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the dispute between the parties is purely civil in nature, during the pendency of investigation, the applicants were granted protection by this Court, at this stage, there is no substantive evidence against the applicants, charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned A.G.A., without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicants Nasim, Yameen, Faizan and Masood, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 16.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad