Khalid @ Abdul Khalid v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7966 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

¶2This application has been filed seeking anticipatory bail in Case Crime No. 454 of 2016, under Sections 147, 148, 149, 307, 395, 336, 323, 332, 353, 504, 506 of I.P.C. and Section 7 of Criminal Law (Amendment) Act as well as Section 3 of the Prevention of Damage to Public Property Act, Police Station-Sikandarau, District-Hathras.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report, thirty-nine named accused including the applicant and 150 unknown persons are nominated. In the alleged incident, four police constables received injuries which were simple in nature and were on non-vital parts of the body. It is contended that the nature of injuries to the injured persons shows that there was no intent to murder. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the injuries to the four injured. The applicant came to know about pending proceedings only in the Versus Counsel for Applicant(s) : Mohd Zubair Counsel for Opposite Party(s) : G.A. Khalid @ Abdul Khalid .....Applicant(s) State of U.P. and Another .....Opposite Party(s) month of June, 2025. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that in the alleged incident, the injuries sustained by four police constables were simple in nature, a vague and general role has been assigned to the applicant, the applicant has not been nominated as the principal offender who caused the injuries to the four injured, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

¶6In the event of arrest, the applicant Khalid @ Abdul Khalid, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

(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 from disclosing such facts to the Court; NABAIL No. 7966 of 2025

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

¶7In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

¶8The application stands disposed of. September 26, 2025 Sachin Mishra NABAIL No. 7966 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad