Fesal and Another vs State of U.P. and Another

1. Heard Sri Rajeev Kumar Upadhyay, learned counsel for the applicants and Sri Chandra Shekhar Saran, learned A.G.A. for the State and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 328 of 2025, under Sections 110, 115(2), 352 B.N.S., Police Station Rajpura, District Sambhal with the prayer that in the event of arrest, applicants may be released on bail.

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3. At the very outset, learned A.G.A. submits that he has not received any instructions as yet.

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4. On the other hand, learned counsel for the applicants submits that applicants are innocent and they have an apprehension that they may be arrested in the abovementioned case. He further submits that no offence is made out against the applicants. It is submitted that as per the FIR the applicants are said to have assaulted the first informant as a result of which he received injuries on his head but none of the injuries is grievous in nature and is not dangerous to life. It is submitted that the FIR has been lodged after a delay of 05 days and the applicants are having no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they 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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5. 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, 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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NABAIL No. 136 of 2026

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2

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6. Considering the above submissions of the learned counsel for the applicants and without expressing any opinion on merits, the applicants- Fesal and Wasim involved in the aforesaid case crime be released on interim anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 12.2.2026 with the following conditions :-

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(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) The applicants 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 applicants would cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

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(iv) The applicants shall not leave India without prior permission of the Court concerned.

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7. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants herein.

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8. List this case as fresh on 12.2.2026.

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9. In the meantime, learned AGA may obtain instructions in the matter.

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January 13, 2026 Abhishek

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Fesal and Another v. State of U.P. and Another

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Fesal and Another v. State of U.P. and Another

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