MASRUR AHMAD (IN FIR MASROOF AHMAD) v. STATE OF U.P. THRU. PRIN. SECY. CIVIL LKO.
ABAIL/308/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127905 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127905 (ALL) · dailylaw.ai ]
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. - 308 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Asish Kumar Singh, Advocate holding brief of Sri Dileep Singh, learned counsel for the applicant and Sri V.K. Shahi, learned Additional Advocate General assisted by Sri Virendra Kumar, learned AGA-I.
2. The applicant was granted interim anticipatory bail by means of the following order passed on 11.03.2025 by a Coordinate Bench of this Court:
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 10 of 2023, under sections 419, 420, 467, 468, 471, 120-B, 387 of IPC and Section 7(A) of P.C. Act P.S.- S.I.T. District - Lucknow Gramin. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that the applicant is neither vendor, vendee or marginal witness of the sale deed and only on the basis of suspicion he has been implicated. He also submits that the applicant has explained criminal history and he is cooperating in the investigation proceedings. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. Versus Counsel for Applicant(s) : Dileep Singh, Pravin Kumar Singh Counsel for Opposite Party(s) : G.A. Masrur Ahmad (In Fir Masroof Ahmad) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Civil Lko. .....Opposite Party(s)
On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.
Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Masrur Ahmad (In Fir Masroof Ahmad) shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let counter affidavit be filed by the State, within period of two weeks. A week thereafter, is given to counsel for the applicant for filing rejoinder affidavit. List/put up this matter in the third week of April, 2025. "
3. The State has filed counter affidavit annexing therewith the material collected during investigation. Learned AGA has not pointed out any allegation of misuse of interim anticipatory bail granted to the applicant. ABAIL No. 308 of 2025 2
4.
In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 11.03.2025 granting anticipatory bail to the applicant. 5. In view of above, the interim order dated 11.03.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Anurag ABAIL No. 308 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench