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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7766 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 795 of 2019, under Sections 147, 148, 149, 283, 332, 353, 336, 342, 436, 307, 188 IPC, Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, Police Station Rasulpur, District Firozabad. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant surfaced during the course of investigation. Vague and general allegations have been made against the applicant. At this stage there is no credible evidence to link the applicant 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 applicant claims parity. Versus Counsel for Applicant(s) : Mohd Shahrukh Wasim Ansari Counsel for Opposite Party(s) : G.A. Nadeem .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Investigation has been completed. Charge sheet has been filed. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. 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 till conclusion of trial, he 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 accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report, the name of the applicant surfaced during the course of investigation, vague and general allegations have been made against the applicant, 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 applicant, 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 to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Nadeem, 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 NABAIL No. 7766 of 2025 2
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. September 23, 2025 Sachin Mishra NABAIL No. 7766 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad