Shakir and 3 Others vs State of U.P. and Another

2. Present application has been moved seeking anticipatory bail in Case Crime No. 306 of 2025, under Sections 191(2), 191(3), 131, 115(2), 352, 351(3), 125 B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Kotwali, District Aligarh with the prayer that in the event of arrest, applicants may be released on bail.

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3. At the very outset, learned A.G.A. submits that he has not received any instructions as yet.

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4. On the other hand, learned counsel for the applicants submits that applicants are innocent and they have an apprehension that they may be arrested in the abovementioned case. He further submits that no offence is made out against the applicants as no specific role has been assigned to any of the applicants. It is submitted that as per the FIR two groups of persons are said to have indulged in fighting with each other, however, no one has received injury in the alleged incident. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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5. 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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6. Considering the above submissions of the learned counsel for the applicants and

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NABAIL No. 10447 of 2025

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2

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without expressing any opinion on merits, the applicants- Shakir, Intezar, Aman and Tahir involved in the aforesaid case crime be released on interim anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 29.1.2026 with the following conditions :-

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

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(ii) The applicants 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 applicants would cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

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

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

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8. List this case as fresh on 29.1.2026.

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9. In the meantime, learned AGA may obtain instructions in the matter.

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December 18, 2025 Abhishek

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(Jitendra Kumar Sinha,J.)

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

Shakir and 3 Others v. State of U.P. and Another

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Shakir and 3 Others v. State of U.P. and Another

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