NABAIL/2323/2026 of NAWAB ANSARI @ GUDDU WARSI @ FITWELL TAILOR Vs STATE OF U.P. AND ANOTHER
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 2323 of 2026
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Devashish Mitra, learned counsel for the applicant, Mr. J.P.
Singh, 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. 171 of 2024, under Sections 411, 413, 414, 420, 467, 468 of
I.P.C. and Section 41/102 Cr.P.C., Police Station Hafizganj, District
Bareilly, 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 applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is not named in the first information report and
his name was surfaced in the confessional statement of four arrested persons.
It is further submitted that some forged papers of various trucks were
recovered. It was also submitted that applicant undertakes 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, applicant is granted
anticipatory bail, he 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
anticipatory bail.
5. As per first information report, four persons were arrested and some
forged papers of various trucks are said to have been recovered and the name
Versus
Counsel for Applicant(s) : Abhinav Tripathi, Devashish Mitra
Counsel for Opposite Party(s) : G.A.
Nawab Ansari @ Guddu Warsi @ Fitwell Tailor
.....Applicant(s)
State of U.P. and Another
.....Opposite
Party(s)
of the applicant was surfaced in the confessional statement of arrested
persons.
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 applicant- Nawab Ansari @ Guddu Warsi
@ Fitwell Tailor 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 applicant shall not tamper with evidence and that he would appear
before the trial Court on the date fixed unless exempted by the Court
concerned;
(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/her/them from disclosing such facts to the Court or to any
police officer;
(iii) The applicant would co-operate during trial and would not misuse the
liberty of bail.
(iv) The applicant shall not leave India without prior permission of the Court
concerned.
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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 applicant.
March 18, 2026
Virendra
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(Jitendra Kumar Sinha,J.)