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2025 DAILYLAW 142706 (ALL)

MOHD. HANEEF v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

ABAIL/622/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44064 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 622 of 2025 Applicant :- Mohd. Haneef Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Dileep Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in case crime No.153/2024, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that applicant along with co-accused persons has acquired the shop Nos.15 & 16 which are an inimical property situated in Mohalla Rakbaganj. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. Applicant has no criminal history. Applicant was posted in Nagar Palika, Gonda and has retired on 15.09.2020. The main accused Smt. Uzma Rashid has been granted regular bail vide order dated 23.04.2024 passed in Bail Application No.711 of 2024 contained in Annexure no.6. The another co-accused Sandeep Srivastava in whose statement name of applicant has surfaced has been granted anticipatory bail vide order dated 24.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.700 of 2025. Applicant submits that his case is on better footing. Applicant claims parity with the bail order of Sandeep Srivastava (supra). Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the bail orders of co-accused persons namely, Smt. Uzma Rashid and Sandeep Srivastava (supra), it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that the applicant-Mohd. Haneef shall report to the Investigating Officer within twenty days from today who 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 interim protection. The application stands allowed. Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench