BASRUDDIN AND ANOTHERversusSTATE OF U.P. THROUGH ITS PRINCIPAL SECRETARY (HOME) AT LUCKNOW, U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 2305 of 2026

Basruddin And Another
                                                           .....Applicant(s)
                                  Versus

State Of U.P. Through Its Principal Secretary
(Home) At Lucknow, U.P. And Another                            .....Opposite
                                                                     Party(s)

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

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

1. Heard Mr. Atul Kumar, learned counsel for the applicant, Mr. C.S.
Saran, 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. 291 of 2025, under Sections 318(4), 338, 336(3), 340(2),
61(2), 351(3) of B.N.S., Police Station Civil Line, District Muzaffar
Nagar, with the prayer that in the event of arrest, applicant may be
released on bail.

3. It has been argued by the learned counsel for the applicants that
applicants are innocent and he has been falsely implicated in this case. It
is further submitted that co-accused persons Yusuf and Smt. Shakeela have
already been granted anticipatory bail by this Court vide order dated
17.03.2026 passed in Crl. Misc. Anticipatory Bail Application U/S 482
BNSS No.-2509 of 2026. It is further submitted that as per allegations in
the FIR, the applicants are said to have produced some forged papers in a
civil suit pending between the applicants and the first informant. 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.

4. On the other hand, learned A.G.A. has opposed the application for
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                                2


anticipatory bail.

5. As per allegations in the first information report, the applicants are said
to have produced some forged papers in a civil suit pending between the
applicants and the first informant. Co-accused persons Yusuf and Smt.
Shakeela have already been granted anticipatory bail by this Court vide
order dated 17.03.2026 passed in Crl. Misc. Anticipatory Bail Application
U/S 482 BNSS No.-2509 of 2026. It is also submitted that the applicants
are having no criminal history.

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 applicants 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- Basruddin and Md. Sadiq
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
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                                                                   3


                                    to 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