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2025 DAILYLAW 137460 (ALL)

IMTIYAZ AHMED v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO AND ANOTHER

NABAIL/395/2025 · 2025-05-06

Manish Mathur

body2025

Judgment text

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Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 395 of 2025 Applicant :- Imtiyaz Ahmed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Dharmendra Kumar Misra,Shashin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. In view of order being passed, notice opposite party no.2 stands dispensed with. 2. Supplementary affidavit filed today is taken on record. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 0498 of 2024 under Sections 419, 420, 467, 468, 471 & 120-B IPC Police Station Gangaghat, District Unnao. 4. As per contents of First Information Report, the applicant alongwith co-accused is said to have deceived the informant into payment of a substantial amount of money for purposes of execution of sale deed pertaining to immovable property by the actual owner but despite having received the sale consideration, the sale deed has not been executed. 5. It is submitted that applicant has been falsely implicated in charges levelled against him and that the entire gist of FIR clearly indicates that main allegation is levelled upon co- accused Javed who was the mediator with regard to sale and purchase of the immovable property. Allegations of impersonation of the actual owner has also been levelled against the said Javed. It is submitted that applicant is indicated only as accompanying the said person. 6. Learned AGA appearing on behalf of State has opposed bail application with the submission that FIR clearly indicates complicity of applicant in allegations levelled against him. It is submitted that the investigation is still ongoing and there is nothing advert that applicant is not co-operating in the investigation. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that main gist of allegations of deceiving the informant and impersonating the actual owner has been levelled against co-accused Javed. Previous criminal history of applicant has been explained and admittedly he is co-operating in the investigation. 8. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 9. In view of the above, it is provided that in the event of arrest, the applicant- Imtiyaz Ahmed shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 10. The application stands Allowed. Order Date :- 6.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench