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2026 DAILYLAW 10987 (ALL)

MOHAMMAD KHALID v. STATE OF U.P. AND ANOTHER

NABAIL/9773/2026 · 2026-09-27

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9773 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. Learned counsel for the applicant is permitted to correct the prayer clause during the course of day. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0568 of 2026, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1) of BNS and Section 7 of Criminal Law Amendment Act, Police Station- Kwarsi, District Aligarh, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 4. Learned counsel for the applicant has contended that the FIR has been lodged by one Sub Inspector of Police regarding an incident in which two groups indulged in violence. The police has lodged an FIR against eight named accused and five to seven unknown persons. During investigation, it was found that seven persons had sustained injuries in the incident including the applicant, but none of the injuries was found to be grievous in nature or dangerous to life. The Learned counsel for the applicant has further contended that the applicant has been falsely implicated only on the ground that he is one of the injured persons, without ascertaining whether the applicant was a victim or a perpetrator of the incident. The applicant has no criminal antecedents. Versus Counsel for Applicant(s) : Wahid Jamal Counsel for Opposite Party(s) : G.A. Mohammad Khalid .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The learned A.G.A. has opposed the prayer for bail, but does not dispute the fact that none of the injuries has been opined to be grievous in nature or dangerous to life. 6. I have considered the submissions made by the Learned counsels for the parties. 7. The applicant, although named in the FIR, has not been assigned any specific role. He claims to be a victim himself, having sustained injuries in the occurrence. Prima facie, from the averments made in the FIR and the number of accused persons nominated therein, false implication of the applicant cannot be ruled out. The applicant has no criminal antecedents. 8. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Mohammad Khalid, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; NABAIL No. 9773 of 2026 2 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 28, 2026 Junaid NABAIL No. 9773 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad