Disposed¶20

Jainul Basar Alias Zainul Bashar v. State of U.P. and Another

Allahabad HC9 Jul 2025NABAIL/4954/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; Sections 331(4), 305, 317(2) BNS; Case Crime No. 258 of 2024; P.S. Loha, District Varanasi; applicant not named in FIR; name disclosed by Firoj Ansari in police custody; bail till submission of police report; Section 193(3) BNSS; personal bond Rs. 50,000 with two sureties; investigation to conclude within three months; Allahabad High Court; Vivek Varma, J.; decided 10.7.2025; Neutral Citation 2025:AHC:110911.

What did the court decide?

Anticipatory bail granted to applicant Jainul Basar @ Zainul Bashar in Case Crime No. 258 of 2024, confined till the submission of police report under Section 193(3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the stated conditions; the application stands disposed of. ¶20

Jainul Basar Alias Zainul Bashar Vs State of U.P. and… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, who was not named in the first information report and whose name was disclosed by Firoj Ansari in police custody, is entitled to anticipatory bail in Case Crime No. 258 of 2024 under Sections 331(4), 305, 317(2) B.N.S.

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Court's answer

Having regard to the submissions, the nature of accusations and antecedents of the applicant, and in particular that the applicant was not named in the FIR, his name was disclosed by Firoj Ansari in police custody, and there was no substantive evidence linking him to the offence at that stage, the Court held, without commenting on merits, that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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Ratio / Principle

In the event of arrest, the applicant Jainul Basar @ Zainul Bashar is to be released on anticipatory bail in the case crime till the submission of police report under Section 193(3) B.N.S.S. 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, subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts; and no departure from India without previous permission of the Court, with passport, if any, deposited before the S.S.P./S.P. concerned. In default of any condition, the Investigating Officer may apply for cancellation of the anticipatory bail.

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Key takeaways

The Investigating Officer is directed to conclude the investigation expeditiously, preferably within three months from the date of production of a copy of the order, independently and without being prejudiced by any observation made by the Court in deciding the anticipatory bail application; the applicant is to produce a copy of the order before the S.S.P./S.P. concerned within ten days, who shall ensure compliance.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.), by neutral citation 2025:AHC:110911 dated 10.7.2025, allowed anticipatory bail under Section 482 BNSS to Jainul Basar alias Zainul Bashar in Case Crime No. 258 of 2024 under Sections 331(4), 305, 317(2) B.N.S., Police Station Loha, District Varanasi, confining it till the submission of police report under Section 193(3) B.N.S.S. The applicant was not named in the first information report; his name was disclosed by Firoj Ansari in police custody, and at that stage there was no substantive evidence linking him to the offence. Bail was ordered on a personal bond of Rs. 50,000/- with two sureties each in the like amount, with conditions of availability for interrogation, abstention from inducement/threat/promise, and no departure from India without permission (passport, if any, to be deposited with the S.S.P./S.P.). Breach entitles the Investigating Officer to seek cancellation; investigation is to be concluded preferably within three months, uninfluenced by the bail observations; the application stands disposed of.

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Neutral Citation No. - 2025:AHC:110911

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4954 of 2025

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Applicant :- Jainul Basar Alias Zainul Bashar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Mateen Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri J.P. Nishad, learned A.G.A. for the State- opposite party, and perused the material placed on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 258 of 2024, under Sections 331(4), 305, 317(2) B.N.S., Police Station Loha, District Varanasi.

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Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by Firoj Ansari in the police custody. The said statement insofar as it implicates the applicant is unreliable. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report, his name was disclosed by Firoj Ansari in the police custody; and, at this stage there is no substantive evidence to link the applicant with the

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offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Jainul Basar @ Zainul Bashar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., 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:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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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 from disclosing such facts to the Court or to any police officer;

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(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.

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In 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.

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The 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 Court while considering and deciding the present anticipatory bail application of the applicant.

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The 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.

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The application stands disposed of.

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Order Date :- 10.7.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Jainul Basar Alias Zainul Bashar v. State of U.P. and Another

Case brief

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Jainul Basar Alias Zainul Bashar v. State of U.P. and Another

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