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2025 DAILYLAW 112418 (ALL)

ASHAK ALIAS ASHAPH ALI v. STATE OF U.P.

ABAIL/12193/2024 · 2025-03-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41745 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12193 of 2024 Applicant :- Ashak Alias Ashaph Ali Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 423 of 2018, under Sections 420, 467, 468, 471, 120-B, 506 I.P.C., Police Station Chandpur, District- Bijnor, during the pendency of trial. 3. Counsel for the applicant submits that the applicant as well as the informant both are claiming ownership on the disputed property. The case is purely civil in nature. At this stage, there is no credible evidence to link the applicant with the offence. The co- accused Mahipal Singh has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 14.9.2022 passed in Criminal Misc. Anticipatory Bail Application No.8174 of 2022. The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the case is purely civil in nature. At this stage, there is no substantive evidence to link the applicant with the offence. The co-accused Mahipal Singh has been granted anticipatory bail by the Co-ordinate Bench of this Court. Charge sheet has been filed. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Ashak Alias Ashaph Ali, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, 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 make himself available on each date fixed in the matter 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad