Abdul Haseeb vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10006 of 2025

Abdul Haseeb	Versus	.....	Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Dinesh Prajapati	Kumar Maurya,	Ram Raj
Counsel for Opposite Party(s)	: G.A.
Court No.- 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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1. Heard Sri Dinesh Kumar Maurya, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 08 of 2023, under Sections 452, 323, 325, 504, 506 IPC, Police Station Maudaha, District Hamirpur with the prayer that in the event of arrest, applicant may be released on bail.

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3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the abovementioned case. He further submits that no offence is made out against the applicant. It is further submitted that co-accused Zamir Alam @ Zamir Ahmad has already been granted anticipatory bail by this Court vide order dated 20.11.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9330 of 2025. It is also submitted that the applicant was served with a notice issued under Section 41-A CrPC during investigation and now chargesheet has been submitted. It is further submitted that the applicant is having criminal history which has been explained in the memo of applicant. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all

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NABAIL No. 10006 of 2025

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conditions of bail.

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4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect.

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5. I have considered the rival submissions made by learned counsel for the parties.

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6. Co-accused Zamir Alam @ Zamir Ahmad has already been granted anticipatory bail by this Court vide order dated 20.11.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 9330 of 2025. The applicant was served with a notice issued under Section 41-A CrPC during investigation and now chargesheet has been submitted. The applicant is having criminal history which has been explained in the memo of applicant. Initially first information report has been lodged under Section 452, 323 504 and 506 IPC but after investigation Section 325 IPC has been added.

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7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra , (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

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9. The anticipatory bail application is allowed .

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10. In the event of arrest of the applicant- Abdul Haseeb involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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

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NABAIL No. 10006 of 2025

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conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein.

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(Jitendra Kumar Sinha,J.)

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December 1, 2025

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Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Abdul Haseeb v. State of U.P. and Another

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Abdul Haseeb v. State of U.P. and Another

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