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2025 DAILYLAW 90051 (ALL)

MOHD. FAIZAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/7290/2025 · 2025-09-14

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7290 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 114 of 2025 under Sections 191(2), 191(3), 190, 109(1), 352, 351(3), 194(2), 125 of B.N.S. and Section 7 of Criminal Law (Amendment) Act, Police Station Hajratnagaragadi, District Sambhal. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. In the first information report, seventeen named accused including the applicants and thirty unknown persons are nominated. As per the first information report, two groups were fighting with sticks and sharp edged weapons. They were also shouting, hurling abuses and pelting stones at each other. In the alleged incident, the injuries received by the injured were simple in nature. No supplementary medical report is available in the case diary. Vague and general allegations have been levelled against the applicants. At this stage, there is no credible evidence to link them with the offence. It is next contended that co-accused, Tufail, Firoz Haidar, Hashim, Hasan Mehndi, and Fazil have been granted protection till submission of police report by this Court vide order dated 13.08.2025 passed in Criminal Misc. Writ Petition No. 15709 of 2025 (Tufail and 4 others vs. State of U.P. and 2 others). Further, co-accused Phool Mehndi alias Phool Mohammad has been granted anticipatory bail till Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Mohd. Faizan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submission of police report by this Court vide order dated 27.8.2025 passed in Criminal Misc. Anticipatory Bail Application No.6991 of 2025. The applicants claim parity. The applicants have no criminal history. Investigation is pending. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that in the alleged incident, the injuries received by the injured were simple in nature; vague and general allegations have been levelled against the applicants, at this stage, there is no substantive evidence against the applicants, the co-accused, Tufail, Firoz Haidar, Hashim, Hasan Mehndi and Fazil have been granted protection till submission of police report by this Court and co-accused Phool Mehndi alias Phool Mohammad has been granted anticipatory bail till submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Mohd Faizan, Babu @ Kazim Husain and Salam Haider @ Salman Haidar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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; NABAIL No. 7290 of 2025 2 (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned. 8. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. September 15, 2025 Sachin Mishra NABAIL No. 7290 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad