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2026 DAILYLAW 5539 (ALL)

SABIR v. STATE OF U.P. AND ANOTHER

NABAIL/8225/2026 · 2026-09-07

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. - 8225 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the applicant; learned AGA for the State; and Sri Maan Singh, learned Advocate, holding the brief of Sri Ashish Kumar Singh, learned counsel appearing for one of the injured in the case, namely, Ishtakhar Ali. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 167 of 2026, under Sections 109, 117(2), 115(2), 333, 191(2), 191(3), 352, and 351(2) of the B.N.S., 2023, Police Station - Dhaulana, District Hapur, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the police has lodged an FIR regarding an incident in which two parties were indulging in violence which led to ten persons receiving injuries from both the sides. The learned counsel has further contended that no specific role has been assigned to any of the nominated accused. The injured, who are eleven in number, have not received any injury which may be considered to be dangerous to life. The applicant has no criminal antecedents. Similarly situated co-accused Sameer has been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8189 of 2026. 4. The learned counsel for the injured, Ishtakhar Ali, has contended that Ishtakhar Ali has received grievous injury in the form of fracture of the nasal bone. Another injured Intazar has received grievous injury in the form of fracture of the metacarpal bone. The learned counsel has further submitted that as the FIR has been lodged by the police, there is no occasion for any false implication. The learned counsel has further submitted that the applicant and the other accused had applied for quashing of the First Information Report before this Court in Criminal Misc. Writ Petition No. 15673 of 2026 which has been dismissed. No indulgence may be granted to the applicant and his anticipatory bail application may be dismissed. Versus Counsel for Applicant(s) : Alok Tripathi, Deepak Kumar Tiwari Counsel for Opposite Party(s) : Ashish Kumar Singh, G.A. Sabir .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The learned AGA has adopted the submissions made by learned counsel for the injured but does not dispute the fact that the applicant has no criminal antecedents. 6. I have considered the submissions made by the learned counsel for the parties. 7. The applicant has no criminal antecedents. Two sides were supposedly indulging in violence which led to eleven persons receiving injuries. None of the injuries have been opined to be dangerous to life. The grievous injuries that have been found on the person of Intazar and Ishtakhar Ali prima facie do not appear to be sufficient in the ordinary course of nature to cause death. The FIR has been lodged by the police on information received from bystanders and people of the locality. False implication in the present case cannot be ruled out. Similarly situated co-accused Sameer has already been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8189 of 2026. 8. Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Sabir, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his 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. 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. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness; 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 8, 2026 Sachin NABAIL No. 8225 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad