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2025 DAILYLAW 104866 (ALL)

MUHAMMAD VASEEM AHAMAD AND 3 OTHERS v. State of U.P. AND ANOTHER

NABAIL/10206/2024 · 2025-07-09

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110527 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10206 of 2024 Applicant :- Muhammad Vaseem Ahamad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar Yadav,Sundeep Shukla Counsel for Opposite Party :- Deepak Rana,G.A.,Prashant Kumar Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, 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. 138 of 2024, under Sections 147, 323, 324, 325, 308, 504, 506 I.P.C., Police Station Mansoorpur, 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 applicant are innocent and they have an apprehension that they may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against them, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against them. It has further been 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, the 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. Learned A.G.A. has opposed the application for anticipatory bail. 5. 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. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicants- Muhammad Vaseem Ahamad, Naseem, Gulfam and Mohin involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Court subject to the following conditions :- i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear before the trial Court on the dates fixed. iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 10.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad