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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7564 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 583 of 2025, under Sections 115(2), 109(1), 191(2), 132, 125A of B.N.S., Police Station- Kotwali City, District- Bijnor. 3. Counsel for the applicants submits 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 were disclosed by co-accused Uruj Abbas, Ali Mehandi, Faraz Ahmad and Kayam Raza in Police custody. The said statements, insofar as, they implicate the applicants are unreliable. In the alleged incident, two police constables received injuries on non-vital parts of the body. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on 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. Having regard to the submissions made, considering the nature of Versus Counsel for Applicant(s) : Saurabh Tripathi, Shantanu Srivastava Counsel for Opposite Party(s) : G.A. Shamikh Raza And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report, the name of the applicants were disclosed by co-accused Uruj Abbas, Ali Mehandi, Faraz Ahmad and Kayam Raza in Police custody, in the alleged incident, two police constables received injuries on non-vital parts of the body, at this stage, there is no substantive evidence against the applicants, 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 Shamikh Raza and Daulat Raza, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender his passport, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
NABAIL No. 7564 of 2025 2
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 16, 2025 Sachin Mishra NABAIL No. 7564 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad