Naushad Khan Vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no. 51 of 2023 under Section 136 (2) Electricity Act, Police Station Khatauli, District Muzaffar Nagar with the prayer that in the event of arrest, the applicant may be released on bail.

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It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case as he is not named in the FIR. He further submits that allegation against the applicant is that Municipal Councillor installed two electric poles in the colony at his request. It is further submitted that co-accused Shanazar has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 29.7.2025 passed in Crl. Misc. Anticipatory Bail Application No. 5976 of 2025. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned A.G.A. has opposed the application for

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anticipatory bail.

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

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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, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of 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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The anticipatory bail application is allowed .

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In the event of arrest of the applicant Naushad Khan 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 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 co-operate 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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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.

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(Jitendra Kumar Sinha,J.)

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October 9, 2025 Madhurima

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Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad

Naushad Khan v. State of U.P.

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Naushad Khan v. State of U.P.

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