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2025 DAILYLAW 110071 (ALL)

IRFAN v. STATE OF U.P. AND ANOTHER

ABAIL/11768/2024 · 2025-01-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13927 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11768 of 2024 Applicant :- Irfan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shree Prakash Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 147 of 2023, under Sections 419, 420, 467, 468 IPC, Police Station- Gyanpur, District- Bhadohi, during the pendency of the case. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Applicant is not named in the first information report and having no concern with the alleged incident. Prima facie, no offence under alleged sections is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that though applicant is not named in the first information report but allegations are against him. He next submitted that applicant in collusion with bank officials withdrew an amount of Rs. 1,45,000/-. Applicant is said to be witness in the alleged incident but, prima facie, offence is made out against the applicant. It is not a case of false implication. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions advanced by learned counsel for the parties and perused the entire record. From perusal of the contents of first information report as well as other material evidences available on record, prima facie, offence is made out against the applicant. No case for interference by this Court is made out. 6. Accordingly, the instant anticipatory bail application stands rejected. Order Date :- 27.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad