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2026 DAILYLAW 5982 (ALL)

ZEESHAN AND ANOTHER v. STATE OF U.P.

NABAIL/8563/2026 · 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. - 8563 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Supplementary Affidavit filed today is taken on the record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime no. 159 of 2025, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Barla, District-Aligarh, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. Only single base case has been shown in the gang chart against the applicants and in the said case, the applicants are on bail. The applicant No.1 has a criminal history of one other case and applicant No.2 has a criminal history of two other cases. They are not previous convicts. The Learned counsel for the applicant contends that similarly situated co-accused Mishakin and Sualin have been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 8522 of 2026. 5. Learned A.G.A. has opposed the prayer for grant of anticipatory bail, however, has been unable to dispute the submissions made by the Learned counsel for the applicants. 6. I have considered the submissions made by the Learned counsels for the Versus Counsel for Applicant(s) : Rakesh Kumar Maurya Counsel for Opposite Party(s) : G.A. Zeeshan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) parties. 7. Taking into consideration the fact that only single base case has been shown against the applicants in which the applicants are on bail and also the fact that applicants are not previous convicts, I deem it fit to enlarge the applicants on anticipatory bail. 8. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicants on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicants is allowed. 10. In the event of the arrest of the applicants-Zeeshan and Gulistana, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of their 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 applicants shall make themselves available for interrogation by a police officer as and when required; ii. that 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. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants 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 Sartaj NABAIL No. 8563 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad