Allowed¶17

Ekhalak Husen v. State of U.P.

Allahabad HC1 Dec 2025NABAIL/9488/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS application; Section 319 Cr.P.C. trial summons; Ekhalak Husen; Case Crime no. 1183 of 2015; Sections 147, 148, 323, 325, 504, 506, 307 IPC; P.S. Lotan; District Siddharth Nagar; parity with co-accused Garibullah, Subahan Ali, Shamser (order dated 11.11.2025, NABAIL No. 9205 of 2025); Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694; personal bond Rs. 50,000/-; Allahabad High Court; Justice Jitendra Kumar Sinha; decided December 1, 2025.

What did the court decide?

Anticipatory bail granted to applicant Ekhalak Husen: on arrest, release upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to four stated conditions; in default of any condition the prosecution may apply for cancellation of the bail. ¶17

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a case for anticipatory bail is made out for the applicant Ekhalak Husen, who has been summoned to face trial under Section 319 Cr.P.C. for offences under Sections 147, 148, 323, 325, 504, 506, 307 of I.P.C. in Case Crime no. 1183 of 2015 (Police Station Lotan, District Siddharth Nagar), in parity with co-accused already so granted.

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Court's answer

Considering the settled principle of law regarding anticipatory bail, the submissions of learned counsel for the parties, the role of the applicant and all attending facts and circumstances, and without expressing any opinion on merits, the Court concluded that a case for anticipatory bail is made out.

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Ratio / Principle

The anticipatory bail application is allowed.

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Key takeaways

In the event of arrest, the applicant is to be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions that he shall not tamper with evidence, shall appear before the trial Court on dates fixed unless exempted, shall not directly or indirectly make any inducement, threat or promise to dissuade disclosure of facts, would cooperate during trial and not misuse the liberty of bail, and shall not leave India without prior permission of the Court concerned.ratio¶18
In default of any of the conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶26

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.) allows anticipatory bail under S. 482 BNSS (NABAIL No. 9488 of 2025) to Ekhalak Husen, who has been summoned to face trial under Section 319 Cr.P.C. in Case Crime no. 1183 of 2015 (offences under Sections 147, 148, 323, 325, 504, 506, 307 I.P.C.; P.S. Lotan, District Siddharth Nagar). The grant rests on parity with co-accused Garibullah, Subahan Ali and Shamser, granted anticipatory bail by a Co-ordinate Bench vide order dated 11.11.2025 in NABAIL No. 9205 of 2025, and on consideration of the anticipatory-bail criteria set out in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694; decided without expressing any opinion on merits. Release ordered on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (non-tampering, appearance before trial Court, no inducement/threat/promise, cooperation during trial, no departure from India without permission); breach permits the prosecution to seek cancellation.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9488 of 2025

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Ekhalak Husen	.....Applicant(s)
	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ravindra Prakash Srivastava
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 the applicant is taken on record.

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Heard Shri Patanjali Mishra, holding brief of Shri Ravindra Prakash Srivastava, learned counsel for the applicant, Shri O.P. Singh, 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.1183 of 2015, under Sections 147, 148, 325, 323, 504, 506, 307 of I.P.C., Police Station Lotan, District Siddharth Nagar, 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 has been summoned to face trial under Section 319 Cr.P.C. for the offences under Sections 147, 148, 323, 325, 504, 506, 307 of I.P.C. It is further submitted that similarly placed coaccused Garibullah, Subahan Ali and Shamser have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 11.11.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.9205 of 2025. It is also submitted that the applicant is having criminal history, which has been explained in the 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

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NABAIL No. 9488 of 2025

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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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The applicant has been summoned to face trial under Section 319 Cr.P.C. for the offences under Sections 147, 148, 323, 325, 504, 506, 307 of I.P.C. Co-accused Garibullah, Subahan Ali and Shamser have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 11.11.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.9205 of 2025. It is also submitted that the applicant is having criminal history, which has been explained in the 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 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- Ekhalak Husen 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

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NABAIL No. 9488 of 2025

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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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December 1, 2025

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RKM

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

Ekhalak Husen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ekhalak Husen v. State of U.P.

Case brief

What is this about?

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