Sahil @ Mohd. Haram Alam vs State of U.P.

Heard Sri Sunil Vashishth, Advocate, holding brief of Sri R.K. Sahu, learned counsel for the applicant and Sri S.D. Shukla, 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. 628 of 2025 under Section 304 (2) of B.N.S., Police Station Chakeri, District Kanpur Nagar with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that FIR has been lodged against three unknown persons and name of the applicant has surfaced in the confessional statement of two arrested co-accused persons Arman and Shahid and the looted mobile phone is said to have been recovered from their possession. It is also submitted that applicant has no criminal history to his credit and he undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he 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. submits that he has not received instructions in the matter as yet.

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FIR has been lodged against three unknown persons and name of the applicant has surfaced in the confessional statement of two arrested coaccused persons Arman and Shahid and the looted mobile phone is said to have been recovered from their possession. Applicant has no criminal history to his credit

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NABAIL No. 9346 of 2025

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2

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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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Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Sahil @ Mohd. Haram Alam in the event of his arrest, be released on interim 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 till 16.12.2025 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 the interim anticipatory bail granted to the applicant.

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Put up this case as fresh on 16.12.2025.

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In the meantime, learned AGA is directed to seek instructions in the matter.

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November 20, 2025 Madhurima

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(Jitendra Kumar Sinha,J.)

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

Sahil @ Mohd. Haram Alam v. State of U.P.

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Sahil @ Mohd. Haram Alam v. State of U.P.

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