TAIYAB @ AMARUDDINversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9673 of 2026

Taiyab @ Amaruddin
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Damodar Singh, Devendra Vikram
                                Singh
Counsel for Opposite Party(s) : G.A.

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

1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 26 of 2025, under Sections 191(2), 115(2),
118(1) and 109 of the B.N.S., 2023, Police Station – Barwapatti, District
Kushinagar, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.

3. Learned counsel for the applicant has contended that the applicant and
the other accused have been falsely nominated in the First Information
Report (FIR). A general role was given to the applicant. Initially, during
investigation, the applicant and co-accused Kyamuddin Ansari and
Mustakeem had filed a writ petition being Criminal Misc. Writ Petition
No. 10544 of 2025 in which this Court vide the order dated 29.05.2025
was pleased to stay the arrest of the applicant and the other accused. The
said writ petition was finally dismissed vide order dated 15.04.2026 after
filing of a charge sheet which necessitated the applicant to seek
anticipatory bail. Learned counsel has further submitted that co-accused
Mustakeem had been granted anticipatory bail till filing of a police report
by this Court in NABAIL No. 4435 of 2026 and Kyamuddin Ansari has
been granted anticipatory bail in NABAIL No. 7851 of 2026. The case of
the applicant stands on a similar footing.

4. Learned A.G.A. has opposed the prayer for bail and has contended that
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                               2


although in the FIR, a general role has been assigned, however later in the
statements of witnesses including the injured witness, the specific role of
using a glass bottle to hit the injured has been assigned to the applicant.
The injury inflicted by the applicant is a grievous injury and the applicant
may not be considered for grant of anticipatory bail. The applicant also
has a criminal history of two cases. However, the explanation given by
the applicant with respect to the criminal antecedents has not been
disputed.

5. I have considered the submissions made by the Learned counsel for the
parties.

6. The applicant has not been assigned any specific role in the FIR. Later
on, during investigation, the applicant has been assigned the specific role
of causing injury to the injured using a bottle. The applicant had been
granted interim protection from arrest by this Court in Criminal Misc.
Writ Petition No. 10544 of 2025. There is no allegation of the applicant
not cooperating with the investigation. A charge sheet has now been filed
and the applicant is no longer required for any custodial interrogation or
recoveries.

7. Taking into account the entire facts and circumstances of the case as
also the young age of the applicant who claims to be 23 years of age and
also the fact that similarly situated co-accused Kyamuddin Ansari has
been granted anticipatory bail by this Court, it would be appropriate to
grant anticipatory bail to the applicant also.

8. The anticipatory bail application of the applicant is allowed.

9. The applicant - Taiyab @ Amaruddin shall appear before the trial
Court within four weeks from today and shall be released on bail on filing
his personal bond and surety in the like amount to the satisfaction of the
Court concerned with the following conditions:-
i. The applicant shall remain present before the trial Court on each date
fixed unless exempted by the trial Court;
ii. 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;
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                                                                   3

                                    iii. The applicant shall not leave India without the previous permission of
                                    the Court;
                                    iv. 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 to be an opinion on the merits of the case.



                                                                                     (Rajiv Lochan Shukla,J.)
                                    September 17, 2026
                                    Kushal




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