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2025 DAILYLAW 69838 (ALL)

KHALEEL AHMED AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/5214/2025 · 2025-07-08

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108769 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5214 of 2025 Applicant :- Khaleel Ahmed And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.305 of 2024, under sections 115(2), 352, 351(2), 351(3), 191(2), 324(4), 324(5), 191(3), 333, 109(1), 3(5) B.N.S., P.S. Haldaur, District Bijnor. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with two named accused are alleged to have assaulted the informant-Mustaq Ahmad, Yashpal and Nasreen. As per the medical report of Mustaq Ahmad, he received nine injuries. All the injuries were found simple in nature except injury no.1. As per the supplementary medical report fracture of right parietal bone was found. The injured Yashpal received three injuries. Injury nos.2 and 3 were simple in nature. Injury no.1 is a fracture of nasal bone. The injured Nasreen received three injures. All the injuries were found simple in nature. Vague and general role has been assigned to the applicants. Further, from the side of the applicants four persons also received injuries. The aggressor is still to be ascertained. In such circumstances, it is contended that there is no clarity with regard to the exact role of the applicants. Further, during the pendency of the investigation the applicants were granted protection till submission of police report by this Court vide order dated 10.12.2024 passed in Criminal Misc. Writ Petition No. 21402 of 2024 (Khalil Ahamad and 5 others vs. State of U.P. and 3 others). The investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 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 applicants, considering the nature of accusations, antecedents of the applicants and the fact that vague and general role has been assigned to the applicants, from the side of the applicants four persons also received injuries, the aggressor is still to be ascertained, during the pendency of the investigation the applicants were granted protection till submission of police report by this Court, the fact that 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 applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Khaleel Ahmed, Laique Ahmed, Sabeel Ahmed, Noor Ali, 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 and every 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 their before the concerned court. 7. 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 :- 9.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad