Allowed

Najeem v. State of U.P.

Allahabad HC3 Nov 2025NABAIL/8606/2025

Case brief

AI extract

What is this about?

The High Court allowed the anticipatory bail application of the applicant accused under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, subject to furnishing a personal bond and adhering to standard bail conditions, relying on the guidelines in Siddharam Satlingappa Mhetre.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount, subject to standard conditions.

Najeem vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8606 of 2025

Najeem

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: S. A. Khan
Counsel for Opposite Party(s)	: G.A.

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Court No.- 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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Supplementary affidavit filed on behalf of applicant is taken on record.

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Heard Shri Sunil Kumar Dubey, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no.98 of 2025, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Haliya, District Mirzapur, with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant is on bail in the solitary case shown against the accused-applicant in the gang chart. It is further contended that apart from the case shown in the Gang Chart, applicant is having criminal history of three cases, which has been duly explained by him in supplementary affidavit filed today. 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 conditions of bail.

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

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Applicant is on bail in the solitary case shown against the accused-applicant in the gang chart. It is further contended that apart from the case shown in the Gang Chart, applicant is having criminal history of three cases, which has been duly explained by him in supplementary affidavit filed today.

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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

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NABAIL No. 8606 of 2025

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while deciding anticipatory bail, 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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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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- Najeem involved in the aforesaid case crime 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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November 3, 2025 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Najeem v. State of U.P.

Case brief

What is this about?

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Najeem v. State of U.P.

Case brief

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