Allahabad High Court
GULJAR ALI AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The Court granted anticipatory bail to the applicants with specified conditions, finding no material to deny relief.
Summary
The High Court considered an anticipatory bail application filed by Guljar Ali and Jakir Ali, who run an educational institution and were implicated in a 2014 FIR alleging misappropriation of scholarship funds. The charge sheet was filed in 2025, and the applicants claimed they were falsely implicated, had no criminal history, and sought bail parity with co-accused who had already been granted anticipatory bail. The State opposed the relief but did not demonstrate any risk of the applicants tampering with evidence, intimidating witnesses, or fleeing justice. The Court found no prima facie case, noted the absence of any material suggesting a threat to the investigation, and applied the settled principle that bail secures attendance of the accused. Consequently, the Court granted anticipatory bail subject to a personal bond and a series of conditions, and ordered that any breach could lead to cancellation of the protection.
Issues considered
- Whether the applicants are entitled to anticipatory bail under Section 482 of the Code of Criminal Procedure in view of the allegations and the lack of prima facie evidence.
- Whether the applicants pose any risk of tampering with evidence, influencing witnesses, or evading the investigation.
Legislation cited
- Indian Penal Code — s. 120B, 204, 409, 419, 420, 467, 468, 471
- Prevention of Corruption Act — s. 13(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- misappropriation of scholarship
- educational institution
- IPC offences
- Prevention of Corruption Act
- parity with co-accused
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10758 of 2025
Guljar Ali And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. The present Anticipatory Bail Application has been filed with the
prayer to grant anticipatory bail to the applicants -Guljar Ali and Jakir
Ali in Case Crime No. 191 of 2014, under Sections 409, 419, 420, 467,
468, 471, 120B, 204 I.P.C. and Section 13(2) of Prevention of Corruption
Act, Police Station -Mursan, District -Hathras.
2. Heard learned counsel for the applicants as well as learned AGA and
perused the material available on record.
3. It is submitted by learned counsel for the applicants that the applicant
were running an educational institution where as the allegation in the first
information report the amount of scholarship is alleged to have been
misappropriated. The first information report was lodged in the year 2014
and the charge sheet has been submitted in the year 2025. During
investigation, the applicant stay order was granted by this Court in favour
of the applicants. The applicants have been falsely implicated in the
present case as no amount has been received in the account of the
institution as per the report of Assistant Basic Siksha Adhikari. The
applicant has no criminal history. The co-accused Salman Farooq has
already been granted anticipatory bail by order dated 16.12.2025 passed
in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7737
of 2025, co-accused Sabbhiran Begam, Shabnam Jahan and Tajuddin
have been granted anticipatory bail by order dated 16.12.2025 in Criminal
Misc. Anticipatory Bail Application U/S 482 BNSS No.10596 of 2025,
NABAIL No. 10758 of 2025
2
co-accused Ashish Pundir has been granted anticipatory bail by order
dated 17.10.2025 in Criminal Misc. Anticipatory Bail Application U/S
482 BNSS No.8500 of 2025 and co-accused Mohd. Idrish Ali and Smt.
Shabnam have been granted anticipatory bail by order dated 3.12.2025 in
Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.10096 of
2025. The applicants claim parity with the aforesaid co-accused.
3A. It is further submitted by learned counsel for applicants that
applicants are innocent and have no concern with the present matter.
Allegations levelled against the applicants are false. No prima facie case
is made out against the applicants. If the applicants are enlarged on
anticipatory bail, they will not misuse the liberty and cooperate with the
investigation. The applicants have apprehension of their arrest by the
police any time.
4. Learned A.G.A. opposed the prayer but does not dispute the parity.
5. It is not shown by learned AGA that the offence in question will have
impact on society at large. It is not shown that act causes harm to the
society. The accusations arise out of dispute between individuals. It is not
shown by learned AGA that the nature and gravity of allegations are such
that the same would disentitle the applicants for relief of anticipatory bail.
Learned AGA has not raised concern that any prejudice would be caused
to free, fair and full investigation in the event the applicants are granted
anticipatory bail. No material, facts, circumstances or concern been
shown by learned AGA for the State that the accused may tamper with the
evidence or witnesses or accused is of such character that his mere
presence at large would intimidate the witnesses or that accused will use
his liberty to subvert justice or tamper with the evidence.
6. Learned Counsel for opposite parties has not placed any criminal
antecedents of the applicant. The applicant has no criminal history.
7. It is settled principle of law that the object of bail is to secure the
attendance of the accused. No material particulars or circumstances
suggestive of the applicants fleeing from justice or thwarting the course of
justice or creating other troubles in the shape of repeating offences or
intimidating witnesses and the like have been shown by learned AGA for
NABAIL No. 10758 of 2025
3
the State.
8. In view of the above, the applicants are granted anticipatory bail in
respect of offence described in para 1 of the present order. In the event of
arrest of the applicants, they shall be released on anticipatory bail on their
furnishing a personal bond of Rs.25,000/- with two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-
(i) The applicants shall make themselves available for interrogation by a
police office as and when required.
(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 themselves from disclosing such facts to the Court or to any
police office.
(iii) The applicants shall not leave India without the previous permission
of the Court concerned.
(iv) In the event, applicants change residential address, the applicants
shall inform the court concerned/Investigating Officer about new
residential address in writing.
(v) The applicants shall cooperate with the investigation and make
themselves available for interrogation whenever required.
(vi) The applicants shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or yet to be collected
by the police.
(vii) The applicants shall maintain law and order.
(viii) The applicants shall at the time of execution of the bond, furnish
their address and mobile number to investigating officer, and the court
concerned.
(ix) The applicants shall regularly remain present during the trial, and
cooperate with the Court to complete the trial for the above offences.
NABAIL No. 10758 of 2025
4
(x) Non presence of the applicants or their counsel before the court
concerned shall be construed as violation of the present order and the
court concerned would be at liberty to take coercive measures in
accordance with law.
9. In case of default of any of the conditions, the Investigating Officer
shall be at liberty to file appropriate application for cancellation of
protection granted to the applicants.
10. With the directions made above, the anticipatory bail application
stands allowed.
(Vikram D. Chauhan,J.)
May 6, 2026
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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