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2025 DAILYLAW 76586 (ALL)

YUNIS v. STATE OF U.P. AND ANOTHER

NABAIL/6201/2025 · 2025-08-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131142 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6201 of 2025 Applicant :- Yunis Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant 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.145 of 2023, under sections 147, 332, 353, 307, 427, 323, 504, 506 I.P.C., section 7 Criminal Law (Amendment) Act and section 3/4 Prevention of Damage to Public Property Act, Police Station Cantt., District Bareilly. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report 17 named and 35 to 40 unknown persons are nominated. In the alleged incident, three police personnel received injuries. As per the medical report, the injuries were simple in nature. Vague and general role has been assigned to the applicant. It is contended that during the pendency of investigation the applicant was granted protection till the submission of police report by this Court vide order dated 19.05.2023 passed in Criminal Misc. Writ Petition No. 7326 of 2023. Further, identically placed co-accused Aslam Qureshi @ Aslam, Arif qureshi @ Mohd. Arif and Sartaz Qureshi have been granted anticipatory bail by this Court vide order dated 23.5.2025 passed in Criminal Misc. Anticipatory Bail Application No. 12036 of 2024. The investigation has been completed. The applicant had cooperated in the investigation. The applicant has been summoned by the court concerned. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he 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, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical report of the injured persons, the injuries were simple in nature, vague and general role has been assigned to the applicant, during the pendency of investigation the applicant was granted protection till the submission of police report by this Court, identically placed co-accused Aslam Qureshi @ Aslam, Arif qureshi @ Mohd. Arif and Sartaz Qureshi have been granted anticipatory bail 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Yunis 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. 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 :- 5.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad