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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7541 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.795 of 2019, under Sections 147, 148, 149, 283, 332, 353, 336, 342, 436, 307, 188 IPC, 7 Criminal Law Amendment Act and 3/4 Prevention of Damages to Public Property Act, Police Station Rasulpur, District Firozabad. 3. Counsel for the applicants contends that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants surfaced during the course of investigation. Vague and general allegations have been made against them. At this stage there is no credible evidence to link the applicants with the offence. Identically placed co-accused Sonu @ Shan Mohammad and Saleem have been granted anticipatory bail by the co-ordinate Bench of this Court vide orders dated 11.08.2023 and 11.05.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 6134 of 2023 and 2964 of 2023. The applicants claim parity. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. 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 till conclusion of trial, they will not misuse the said liberty. Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Azeem And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. Learned A.G.A. has 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 applicants, in particular the facts that the applicants were not named in the first information report, the name of the applicants surfaced during the course of investigation, vague and general allegations have been made against them, identically placed co-accused Sonu @ Shan Mohammad and Saleem have been granted anticipatory bail by the co-ordinate Bench of 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 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- Azeem, Yusuf and Kallu @ Kalu @ Vaseem @ Naseem, 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. 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 SKT/- NABAIL No. 7541 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad