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2026 DAILYLAW 7107 (ALL)

ANIS SAQLAINI v. STATE OF U.P.

BAIL/32545/2026 · 2026-09-17

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32545 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Rishab Tiwari, learned advocate, holding the brief, appeared for the accused-applicant and Sri Nitesh Srivastava, learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Anis Saqlaini to enlarge him on bail in Case Crime No. 492 of 2025, under Sections 191(2), 191(3), 190, 221, 223, 302, 109, 132, 352, 351(3) of BNS, P.S.- Kotwali, District- Bareilly during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the police has lodged the FIR on 27.9.2025 against 15 named and 450 anonymous persons. The accused applicant is not named in the FIR lodged, with the allegation that on 26.9.2025, the police was on law and order duty as Maulana Taukir Raza has called all the persons of one sect at Islamia College to protest due to ill statement against their Nabi. Section 163 BNSS was invoked. The persons gathered in huge numbers and ransacked the public property, pelted stones and also opened fire. They have damaged the public property. There was commotion in the place. It is further contended that the accused applicant though arrested but he has no specific role attributed on him. It was a peace march, those who have turned violent had the main role. No complicity of accused- applicant is shown in the present case except that he has attended one of the meeting dated on 19.09.2025. Further contended that the co-accused having the similar role, namely, Sahil, Takeem and Kasaan have already Versus Counsel for Applicant(s) : Abhinav Shukla, Ram Shiromani Shukla Counsel for Opposite Party(s) : G.A. Anis Saqlaini .....Applicant(s) State of U.P. .....Opposite Party(s) been granted bail by the coordinate Bench of this Court. The applicant has 15 cases criminal history, where, in 11 cases, he is on bail and in four cases, the bail application has not been moved. The charge sheet is submitted. The applicant is languishing in jail since 15.10.2025 and hence, seeks to be enlarged on bail. 4. Learned A.G.A. for the State has opposed the bail and submits that the name of accused-applicant is not mentioned in the F.I.R., but his complicity in the case is shown that he has attended one of the meeting on 19.09.2025, wherein it was decided that on 26.09.2025, the accused persons will protest and taken the city on ransom and hence, submits that the bail application should be rejected. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. On query about the submission of charge sheet, there is no specific averment whether the charge sheet has been submitted or not. 7. Considering that there is no specific overt act attributed on the accused- applicant and omnibus allegation. 8. Hence, without touching merit of the case, the bail application is allowed. 9. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 18, 2026 Shivangi BAIL No. 32545 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad