AARIFversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                 BNSS No. - 10034 of 2026

Aarif
                                                              .....Applicant(s)
                                      Versus
State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)          :    A.G.Karunakar, Ritesh Kumar Shukla
Counsel for Opposite Party(s)     :    G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State
and perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 502 of 2025, under Sections 318(4), 338,
336(3), 340(2), 61(2) of B.N.S., Police Station- Kotwali, District- Bareilly,
with a prayer to enlarge him on anticipatory bail as the applicant apprehends
his arrest in the above-mentioned case.

3. The Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant has been nominated in
thirteen cases by the police in the so-called Bareilly riots. The applicant has
no role to play in the present case. The co-accused Mohd. Naeem Qureshi @
Lali, Modh. Moveen & Mohd. Faizan have been granted anticipatory bail by
this Court in NABAIL No. - 3971 of 2026 and the co-accused Mohd. Daud
Shamsi has been granted anticipatory bail by this Court in NABAIL No. -
7159 of 2026. Except the cases as mentioned above, the applicant has no
other criminal antecedents.

4. The Learned AGA has opposed the prayer for grant of anticipatory bail.
However, he could not dispute the fact that similarly situated co-accused
have already been enlarged on anticipatory bail.

5. I have considered the submissions made by Learned counsel for the
parties.
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6. The First Information Report has been lodged by the police against two
named accused persons. The applicant has not been named in the First
Information Report. The name of the applicant figures during investigation
in the statement of the co-accused. Similarly situated co-accused Mohd.
Naeem Qureshi @ Lali, Modh. Moveen & Mohd. Faizan have been granted
anticipatory bail by this Court in NABAIL No. - 3971 of 2026 and the co-
accused Mohd. Daud Shamsi has been granted anticipatory bail by this Court
in NABAIL No. - 7159 of 2026. Except thirteen cases supposedly lodged
including the present case in relation to the Bareilly riots, the applicant has
no other criminal antecedents.

7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant is
allowed.

9. In the event of the arrest of the applicant - Aarif, he shall be released
forthwith in the aforesaid case crime on anticipatory bail on furnishing a
personal bond and surety each in the like amount to the satisfaction of the
Station House Officer of the police station/Court concerned with the
following conditions:-

i. the applicant shall make himself available for interrogation by a police
officer as and when required;

ii. that 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 from disclosing such facts to the Court or to any police officer;

iii. that the applicant shall not leave India without the previous permission of
the Court;

iv. that the applicant shall not pressurize/intimidate the prosecution witness;

10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.

11. It is made clear that observations made hereinabove are exclusively for
deciding the instant anticipatory bail application and are not to be considered
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                                                                     3


                                    to be an opinion on the merits of the case.

                                    October 1, 2026
                                    Kushal
                                                                                  (Rajiv Lochan Shukla,J.)




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad