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2025 DAILYLAW 126822 (ALL)

RIZWAN @ RIZWAN ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS

/312/2025 · 2025-09-23

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 312 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Sagar Singh, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.128 of 2024 under Sections 420/406/411/465/467/468/471 I.P.C. registered at Police Station- Hathigaon, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2024 against two persons, not including the applicant, stating that the named accused Umesh Kumar had taken the complainant's tractor on hire but he sold away the tractor. During investigation, it came to light that three tractors have been sold away to the applicant and 10 tractors have been sold to one Wajid Raza. 4. Wajid Raza has already been granted anticipatory bail Versus Counsel for Applicant(s) : Sagar Singh, Mohd. Salman, Shri Ram Maurya Counsel for Opposite Party(s) : G.A. Rizwan @ Rizwan Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others .....Opposite Party(s) in the present case by means of an order dated 25.06.2025 passed by a Co-ordinate Bench of this court in Crl. Misc. Anticipatory Bail Application No.704 of 2025. 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet against co-accused persons. 6. The applicant's involvement in another criminal case has been disclosed in the counter affidavit. 7. The applicant has filed a rejoinder affidavit stating that a closure report has been submitted in that another case. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the Court or to any ABAIL No. 312 of 2025 2 police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 23, 2025 -Amit K- ABAIL No. 312 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench