Maskarool Ahamad and 2 Others vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2025)

Maskarool Ahamad and 2 Others vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicants to surrender within 20 days of receipt of certified copy of the order and thereupon be released on a personal bond with two sureties of the like amount, subject to conditions (cooperation in trial, no influencing of witnesses, no departure from India without prior permission of the Court).

Issue for consideration

Whether the applicants are entitled to anticipatory bail under Section 438 Cr.P.C. in case crime No. 292 of 2021 (P.S. Kotwali Dehat, district Sultanpur).

Court's answer

Protection by way of anticipatory bail is granted: the applicants shall surrender before the concerned court within 20 days of receipt of a certified copy of the order, and on such surrender shall be released on furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

Ratio / Principle

The grant rests on the applicants not having been arrested during investigation, their undertaking to cooperate in the trial, the simple nature of the injuries received by the injured, and the Supreme Court judgment in Musheer Alam v. State of U.P., without entering into the merits of the case.

Key takeaways

Conditions imposed: the applicants shall cooperate in the trial, shall not influence witnesses, and shall not leave India without previous permission of the Court; any other condition deemed fit may be imposed by the trial court, and in case of default the trial court may proceed in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — S. 438 Cr.P.C. — Applicants in case crime No. 292 of 2021 (Ss. 147, 148, 323, 504, 506, 324, 308 IPC, P.S. Kotwali Dehat, distt. Sultanpur) were not arrested during investigation; charge sheet filed; simple injuries to the injured; undertaking to cooperate in trial; relying on Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, and without entering into the merits, protection granted — applicants to surrender within 20 days and furnish personal bond and two sureties of like amount; conditions of cooperation, non-influencing of witnesses and no departure from India without permission imposed; application allowed. (Karunesh Singh Pawar, J.) (November 18, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1286 of 2025

Maskarool Ahamad, Bhutti alias Zulfekar Ali and Saah Faisal

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Opposite Party(s) Counsel for Applicant(s) : Satish Tiwari, Anamika Singh Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.292 of 2021 under sections 147, 148, 323, 504, 506, 324, 308 I.P.C., P.S. Kotwali Dehat, district Sultanpur.

2. Heard learned counsel for the applicants and learned Additional Government Advocate for the State. In view of the proposed order, notice to respondent No.2 is dispensed with.

3. Learned counsel for the applicants submits that the applicant Nos. 1 and 2 have no criminal antecedent. Criminal history of one case of applicant No.3 has been explained in para 26 of the bail application. The applicants are innocent and have been falsely implicated. No case under section 308 I.P.C. is made out against the applicants. Simple injuries have been received by the injured. During investigation, the applicants were not arrested. Charge sheet has been filed. The applicants have cooperated in the investigation.

Learned counsel for the applicantd undertakes that the applicants shall cooperate in the trial.

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.

6. Considering the above aspects of the matter, perusal of the record, the

ABAIL No. 1286 of 2025

2

applicants were not arrested during investigation, the undertaking given on behalf of the applicant that they shall cooperate in the trial, simple nature of injuries received by the injured, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 days from the date of receipt of a certified copy of this order. On such surrender, the applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

The applicants shall cooperate in the trial and he will not influence the witnesses.The applicants shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.

8. In case of default, it would be open for the trial court to proceed in accordance with law.

9. The application is allowed accordingly.

(Karunesh Singh Pawar,J.)

November 18, 2025

kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench