SARFARAZ AHMAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 2022 of 2026

Sarfaraz Ahmad And 2 Others
                                                              .....Applicant(s)
                                      Versus

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

Counsel for Applicant(s)                               :     Akshansh
Counsel for Opposite Party(s)                          :     G.A.

Court No. - 72
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Mr. N.I. Zafri, learned Senior Advocate assisted by Mr. S.I. Zafri
and Mr. Akshansh, learned counsel for the applicants, Mr. B.P. Maurya,
learned A.G.A. for the State and perused the record.

2. The present application has been moved seeking anticipatory bail in Case
Crime No. 240 of 2025, under Sections 420, 120B IPC, Police Station
Mubarakhpur, District Azamgarh, with the prayer that in the event of arrest,
applicants may be released on bail.

3. It has been argued by the learned counsel for the applicants that applicants
are innocent and they have been falsely implicated in this case. It is further
submitted that the co-accused Maulana Shamshul Huda Khan has been
granted interim protection from arrest by Division Bench of this Cout vide
order dated 21.08.2025 passed in Crl. Misc. Writ Petition No.-15491 of
2025. It is further submitted that the applicants are Manager, retired
Principal and Clerk of the college. It is also submitted that as per the
allegation in the FIR that co-accused Shamshul Huda Khan was paid salary
to the tune of Rs.16,59,555/- without being present in the college. It was also
submitted that applicants undertake to co-operate during trial and he 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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4. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail.

5. Co-accused Mohd. Nizamuddin Rizvi has already been granted
anticipatory bail by this Court vide order dated 17.02.2026 passed in Crl.
Misc. Anticipatory Bail Application U/S 482 BNSS No.-1563 of 2026.
Shamsul Huda Khan is said to have been received Rs.16,59,555/- without
being present on duty and he has been granted interim protection from arrest
by Division Bench of this Cout vide order dated 21.08.2025 passed in Crl.
Misc. Writ Petition No.-15491 of 2025. The applicants are retired Principal,
Manager and Clerk of the college.

6. 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.

7. 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.

8. The anticipatory bail application is allowed.

9. In the event of arrest of the applicants- Sarfaraz Ahmad, Mohammad
Ahmad Miswahi and Mehboob Alam involved in the aforesaid case crime
shall 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, with the following conditions :-

(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;

(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
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                                    dissuade him/her/them from disclosing such facts to the Court or to any
                                    police officer;

                                    (iii) The applicants would co-operate during trial and would not misuse the
                                    liberty of bail.

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

                                    10. 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 applicants.



                                                                                     (Jitendra Kumar Sinha,J.)
                                    March 18, 2026
                                    Virendra




Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad