ASHARAF @ ASHARAF HUSEN v. State of U.P. THRU PRINCIPAL SEC. HOME
ABAIL/252/2025 · 2025-02-28
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125243 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125243 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12136 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 252 of 2025 Applicant :- Asharaf @ Asharaf Husen Opposite Party :- State Of U.P. Thru Principal Sec. Home Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.09 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Pisawan, District Sitapur. From perusal of the F.I.R and record appended along with instant anticipatory bail application, it transpires that the matter pertains to the year 2013 and the Division Bench has dismissed writ petition bearing Misc. Bench No.1166 of 2013 on 13.2.2013 while observing that the F.I.R. discloses commission of cognizable offence. This Court also notices that the applicant did not disclose that after 13 years, what proceedings were done before the trial court. The State counsel has also stated on the basis of instructions that even after several notices, the applicant did not appear and he has avoided the proceedings of the trial court and, thus, he is not co-operating in the trial court proceedings.
Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused and the gravity of offence, this Court do not find any good ground to intervene in this matter. Consequently, the instant anticipatory bail application is hereby dismissed. Consigned to records.
Order Date :- 28.2.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench