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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8553 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Learned counsel for the applicants states that the applicant No.1 Kumail Abbas has been arrested and this application has become infructuous so far as the applicant No.1 is concerned. 2. This application is, therefore, dismissed as infructuous for the applicant No.1. 3. Supplementary affidavit, filed today, is taken on the record. 4. Heard Learned counsel for the applicant No.2; and Learned A.G.A. for the State. 5. The present anticipatory bail application has been filed on behalf of the applicant No.2 in Case Crime No. 033 of 2026, under Sections 191(2), 191(3), 190, 352, 131, 351(3), 109(1) of the B.N.S., 2023, Police Station – Jahangirabad, District Bulandshahr, with a prayer to enlarge him on anticipatory bail, as the applicant No.2 apprehends his arrest in the aforesaid case. 6. Learned counsel for the applicant no.2 states that the applicant no.2 has been falsely implicated in the present case. The First Information Report (FIR) has been lodged against fourteen named accused. Four persons are stated to have received injuries. The applicant no.2 has not been given any specific role. The applicant no.2 has a criminal history of one other case in which he has not been convicted. Similarly situated co-accused Najaf Ali, Hasan Ali, Akram Abbas, Suhail Abbas and Hasan Abbas have been granted anticipatory bail till filing of police report by this Court in Versus Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal Counsel for Opposite Party(s) : G.A. Kumail Abbas And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
NABAIL No. 3027 of 2026. The case of the applicant No.2 stands on a similar footing. 7. Learned A.G.A. has opposed the prayer for bail and has contended that out of the four injured, the injured Murtaza has received a hairline fracture in the 9th rib. The applicant is specifically named in the FIR and may not be considered for grant of anticipatory bail. 8. I have considered the submissions made by the Learned counsel for the parties. 9. Similarly situated co-accused Najaf Ali, Hasan Ali, Akram Abbas, Suhail Abbas and Hasan Abbas have been granted anticipatory bail till filing of police report by this Court. The applicant No.2 has not been given any specific role.
No injury which could be considered to be dangerous to life has been pointed out during arguments by the learned A.G.A.
10. Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant No.2 on anticipatory bail. 11. The anticipatory bail application of the applicant No.2 is allowed. 12. In the event of the arrest of the applicant No.2- Hasan Raza, 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 No.2 shall make himself available for interrogation by a police officer as and when required; ii. The applicant No.2 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 No.2 shall not leave India without the previous permission of the Court; iv. The applicant No.2 shall not pressurize/intimidate the prosecution witness;
NABAIL No. 8553 of 2026 2
13. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 14. 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 Kushal NABAIL No. 8553 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad