Atfab and 2 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7991 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Heard learned counsel for the applicants as well as Sri S.S.Pandey, learned AGA for the State, and perused the material placed on record.

¶2This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 174 of 2025, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 351(3), 125 B.N.S., Police Station Kundarki, District Moradabad.

¶3Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with five named co-accused armed with iron rods, sharp edged weapons, lathi, danda, fired and pelted stones at the informant and her family members. According to the medical reports of the injured persons, no fresh injury was seen at the time of examination. It is contended that no such incident has occurred. Vague and general allegations have been levelled against the applicants. At this stage, there is no credible evidence to link the applicants with the offence. Criminal history of the applicants have been explained in paragraphs no. 18 and 19 of the affidavit. It is next submitted that the investigation is pending and the applicants have apprehension of their arrest in the above mentioned case.

¶4Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Ashutosh Ganguli, Masoom Alam Counsel for Opposite Party(s) : G.A. Atfab And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

¶5Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

¶6Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the medical reports of the injured persons, no fresh injury was seen at the time of medical examination; vague and general allegations have been levelled against the applicants; at this stage, there is no substantive evidence to link the applicants with the offence; without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report.

¶7In the event of arrest, the applicants-Aftab, Junaid @ Suaib and Khalid be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶8In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶9The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this NABAIL No. 7991 of 2025 Court while considering and deciding the present anticipatory bail application of the applicant.

¶10The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

¶11The application stands disposed of. September 26, 2025 Lbm/- NABAIL No. 7991 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad