HAZI HARUN ALI @ MOHD. HARUN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
ABAIL/891/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155379 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155379 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48006 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 891 of 2025 Applicant :- Hazi Harun Ali @ Mohd. Harun Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Vedika Dwivedi,Himanshu Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Vedika Dwivedi, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, learned A.G.A.-I appearing on behalf of the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0384 of 2019, under Sections 386, 504 of I.P.C., registered at Police Station Colonelganj, District Gonda.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.10.2019, stating that the informant/complainant earns his livelihood by doing manual labour work. The applicant asks him to work in his agricultural land or to pay him Rs.5,000/-. He threatens that unless the complainant fulfills his demand, he would entangle him in some false case.
4. The learned counsel for the applicant has submitted that the F.I.R version does not make out commission of an offence under Section 386 I.P.C, as there is no threat of causing death or grievous injuries.
5. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person. The applicant's involvement in three other cases has been disclosed by filing a supplementary affidavit, in two of which the Investigating Officer has submitted a closure report and the third case stands closed on the basis of a compromise.
6. Although, The learned A.G.A-I has opposed the anticipatory bail application, he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of
the case and without making any observations which may affect the outcome 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Hazi Harun Ali @ Mohd. Harun before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing 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 themselves 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 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. . (Subhash Vidyarthi,J.)
Order Date :- 18.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench