Anas Jahir Alias Anas Tahir Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:7450

Court No. - 66

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11724 of 2024

Applicant :- Anas Jahir Alias Anas Tahir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar,Naman Kishor Sharma,Sachin Singh,Satya Pal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed by applicant is taken on record.

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Heard Sri Naman Kishor Sharma, learned counsel for the applicant and Sri Ajeet Madhesia, learned brief holder for the State.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 628 of 2017, under Sections 147, 148, 149, 307, 323, 324, 504 IPC, Police Station Nawabganj, District Bareilly, with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with as many as 26 named persons and 50 unknown persons. He further submitted that it is a case, which was lodged due to election enmity.

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He further submitted that when applicant along with others challenged the FIR of the present case before this Court in Criminal Misc. Writ Petition No.28462 of 2017 then Division Bench of this Court on 20.12.2017 stayed their arrest.

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He further submitted that however, charge sheet against the applicant has been filed in the year 2018 and applicant was summoned in the year 2020 but he resided in Lucknow and summons could never be served upon him and as soon as he came to know that coercive measures are being taken against him then he approached the court concerned and applied for anticipatory bail but his anticipatory bail application has been dismissed.

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He further submitted that two similarly placed co-accused Rashid Master and Jafaruddin Mansoori have already been released on anticipatory bail by this Court vide order dated 16.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 10011 of 2023.

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He further submitted that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail.

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He further submitted that as charge sheet against the applicant has already been submitted, therefore, there is no occasion for his custodial interrogation.

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Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard both the parties and perused the record of the case.

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Considering the argument advanced by learned counsel for the applicant and the fact that during investigation, arrest of the applicant was stayed by Division Bench of this Court and similarly placed two co-accused have already been released on anticipatory bail by this Court and apprehension of custody/ arrest raised by applicant cannot be completely ruled out at this stage, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant, Anas Jahir Alias Anas Tahir involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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ii. that 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

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the court or to any police officer or tamper with the evidence;

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iii. that the applicant shall not leave India without previous permission of the court;

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iv. that the applicant shall not tamper with the evidence during the trial;

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v. that the applicant shall not pressurize/ intimidate the prosecution witness;

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vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 16.1.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Anas Jahir Alias Anas Tahir v. State of U.P. and Another

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