Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95456 (ALL)

ASIF v. STATE OF U.P. AND ANOTHER

NABAIL/7516/2025 · 2025-09-14

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7516 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 353 of 2025, under Sections 191(2), 191(3), 190, 333, 109(1), 115(2), 352, 324(4), 351(3) BNS, Police Station Lisari Gate, District Meerut. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The sister of the informant was married to co-accused Sazid. As per the first information report and as per statement of the informant, the applicant along with six named accused and 10 to 12 unknown persons is alleged to have assaulted Waseem, Asif and Rahisuddin. In the second statement of the informant, co-accused Azam is alleged to have assaulted the injured Waseem by the stool. As per the case diary, the CCTV footage depicts the co-accused Azam hitting Waseem on the head with a stool, due to which Waseem fell down on the spot and lost conscious. According to the medical report of Waseem, he received two injuries. Injury no.1 was referred for NCCT head. As per the report of NCCT head the injury no.1 was grievous in nature. The injury no.2 was found simple in nature. The injuries received by the other injured persons were on non-vital parts of the body. No supplementary medical report is available in the case diary. It is contended that a vague and general role has been assigned to the applicant. The applicant has not been nominated as principal offender who caused injury on the head of Waseem. The role of the applicant is clearly distinguishable from that of co-accused Azam. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Rashid has been granted anticipatory bail by this Court vide order dated 10.9.2025 passed in Criminal Misc. Anticipatory Bail Application No. 7396 of 2025. During the pendency of investigation, the applicant was granted protection by this Court till cognizance is taken on the police report vide order dated 20.6.2025 passed in Criminal Versus Counsel for Applicant(s) : Syed Abbas Shaukat Abidi, Syed Ahmed Faizan, Syed Ali Shaukat (Abidi) Counsel for Opposite Party(s) : G.A. Asif .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) Misc. Writ Petition No.13107 of 2025 (Mohammad Rashid and 2 others vs. State of U.P. and 2 others). Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. Criminal history of the applicant has been explained in para no.33 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant 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 and antecedents of the applicant, in particular the fact, that as per the first information report and as per statement of informant, applicant along with six named accused and 10 to 12 unknown persons is alleged to have assaulted Waseem, Asif and Rahisuddin; in the second statement of the informant, co-accused Azam is alleged to have assaulted the injured Waseem by the stool; as per the medical report of Waseem, he received two injuries; injury no.1 was referred for NCCT head; as per the report of NCCT head the injury no.1 was grievous in nature; the injury no.2 was found simple in nature; the injuries received by the other injured persons were on non-vital parts of the body; a vague and general role has been assigned to the applicant; the applicant has not been nominated as principal offender who caused injury on the head of Waseem; the role of the applicant is clearly distinguishable from that of co-accused Azam; identically placed co-accused Rashid has been granted anticipatory bail by this Court; during the pendency of investigation, the applicant was granted protection by this Court till cognizance is taken on the police report; charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Asif, 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 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. NABAIL No. 7516 of 2025 2 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. September 15, 2025 S.S. NABAIL No. 7516 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad