MOHD HASHIMversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 1406 of 2026

Mohd Hashim
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)             :   Manoj Kumar, Irshad Ahmad
Counsel for Opposite Party(s)        :   G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant as well as the learned A.G.A.
for the State and perused the record.

2. This application has been moved on behalf of the applicant seeking
anticipatory bail in Case Crime No.209/2025 under Sections - 87, 137(2),
70(1) BNS Police Station Dilari District Moradabad.


3. It has been submitted by the learned counsel for the applicant that
applicant is innocent and he has apprehension of arrest in the above-
mentioned case, whereas there is no credible evidence against him.
Allegations levelled against the applicant are false. He has been falsely
implicated in this case. It has been further submitted that from the
statement of the sister of the victim recorded during the course of
investigation seems contradictory from the FIR as well as the statement of
the victim. It has been also submitted that the similar allegations have
been made against the co-accused namely Ismil, who has been granted
bail by the court concerned vide order dated 12.01.2026. Lastly, it has
been submitted that co-accused Jeeshan @ Shanu @ Mohd. Dishan, has
been granted anticipatory bail by the coordinate Bench of this Court vide
order dated 31.03.2026 in Criminal Misc. Anticipatory Bail Application
U/s 482 BNSS No.2416 of 2026. If the applicant is enlarged on bail, he
will not misuse the liberty and will cooperate with the trial. The applicant
has apprehension of his arrest by the police any time.
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4. Per contra, learned A.G.A. opposed the anticipatory bail.

5. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,
(2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject
finally by holding that the anticipatory bail need not be of limited duration
invariably. In appropriate case, it can continue upto conclusion of trial.

6. It has been further held therein that anticipatory bail granted can,
depending on the conduct and behavior of the accused, continue after
filing of the charge sheet till end of trial.

7. It has been further held by the Hon'ble Apex Court that while
considering an application for grant of anticipatory bail, the court has to
consider the nature of the offence, the role of the person, the likelihood of
his influencing the course of investigation, or tampering with evidence
including intimidating witnesses, likelihood of fleeing justice, such as
leaving the country, etc. It has further been held that Courts ought to be
generally guided by considerations such as the nature and gravity of the
offences, the role attributed to the applicant, and the facts of the case,
while considering whether to grant anticipatory bail, or refuse it. Whether
to grant or not is a matter of discretion.

8. Considering the settled principles of law regarding anticipatory bail,
nature of accusation, role of applicant and all attending facts and
circumstances of the case, without expressing any opinion on the merits
of the case, in my view, it is a fit case for anticipatory bail to the applicant
till the trial.

9. The application is allowed accordingly.

10. In the event of arrest of the applicant, he shall be released on
anticipatory bail till the end of trial 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:-

(i) The applicant shall make himself available before the Court concerned
on the date fixed in the matter and will cooperate in the trial.

(ii) The applicant shall not directly or indirectly, make any inducement,
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                                                                   3


                                    threat or promise to any person acquainted with the facts of the case so as
                                    to dissuade him/her from disclosing such facts to the Court or to any
                                    police office.

                                    (iii) The applicant shall not leave India without the previous permission of
                                    the Court and if he has passport, the same shall be deposited by him
                                    before the S.S.P./S.P. Concerned.

                                    11. In case of default of any of the conditions, the same may be a ground
                                    for cancellation of protection granted to the applicant.



                                                                                       (Jai Prakash Tiwari,J.)
                                    May 5, 2026
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad