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2025 DAILYLAW 133253 (ALL)

ISHRAQ ALAM @ USMAN ANSARI v. STATE OF UP THRU. SECY. HOME, LKO. AND 3 OTHER

ABAIL/393/2025 · 2025-04-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20490 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 393 of 2025 Applicant :- Ishraq Alam @ Usman Ansari Opposite Party :- State Of Up Thru. Secy. Home, Lko. And 3 Other Counsel for Applicant :- Rehan Ahmad Siddiqui,Rehan Mubassir Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite parties no.2 to 4 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Complaint Case No. 1464 of 2023, under Sections 354-ka, 323, 506 IPC & 9/10 POCSO Act, Police Station Talkatora, District Lucknow. 3. As per contents of complaint registered as Complaint Case No. 1464 of 2023, allegation has been levelled against applicant of having molested the minor daughter of complainant. 4. Learned counsel for complainant submits that he has been falsely implicated in the charges levelled against him and that the entire complaint case is an outcome of matrimonial dispute between the complainant and her husband with the applicant being her brother-in-law. 5. Learned AGA appearing on behalf of State opposed the prayer for anticipatory bail application with the submission that earlier the summoning order dated 17.08.2024 passed in the complaint case was challenged by applicant in proceedings under Section 482 Cr.P.C. bearing No. 9001 of 2024 which has been disposed of vide order dated 06.11.2024 granting liberty to applicant to file a discharge application. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the discharge application has thereafter been filed and rejected whereafter the present anticipatory bail application has been filed. 7. Learned counsel for applicant on the basis of instructions submits that subsequent thereto, a bailable warrant was issued against the applicant with non-bailable warrant also being issued yesterday. 8. In view thereof, this Court does not find any occasion to grant indulgence. The applicant is, however, granted liberty to apply for regular bail which may be considered and decided expeditiously in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 in case the same is applicable. 9. In view of aforesaid, the application stands disposed of. Order Date :- 11.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench