Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158053 (ALL)

ALIMULLAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

NABAIL/1037/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:48729 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1037 of 2025 Applicant :- Alimullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Dhirendra Kumar Sharma,Akshay Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. (I.A. No.NIL of 2025) 1. Heard Ms. Avantika Bhatt, the learned counsel appearing on behalf of the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A.-I appearing on behalf of the State. 2. By means of the instant application, the applicant is seeking correction of his name as it is said that the applicant's name is mentioned in the FIR as "Waliullah" whereas his correct name is "Alimullah" and the applicant has sought to mention his name as "Alimullah @ Waliullah" 3. The amendment sought is formal in nature and the learned AGA-I has no objection to the aforesaid amendment. 4. Accordingly, the application for amendment is hereby allowed. 5. The learned counsel for the petitioner may incorporate necessary amendment in the memo of bail application forthwith. (Order on bail Application) 6. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.106 of 2025 under Sections 406, 419, 420, 467, 468, 471, 504, 506 I.P.C. B.N.S. registered at Police Station- Kotwali Nagar, District- Balrampur. 7. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.04.2025 against the applicant and his son Waseem Khan stating that the accused persons are engaged in the business of booking air tickets and sending people abroad. The complainant had paid money to the accused persons for going abroad for earning his livelihood but the travel documents given to him turned out to be fake. 8. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 68 years old innocent person having no criminal history and he has been falsely been implicated in the present case. 9. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 10. Replying to the aforesaid objection, the learned counsel for the applicant has submitted that the applicant will co-operate with the investigation provided that he is granted protection from his arrest. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not make a specific mention that the applicant had given the alleged forged documents to the complainant; the applicant is a 68 years old person having no criminal history and he has undertaken to co-operate with the investigation, 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 applicants is allowed. In the event of arrest/ appearance of applicant 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 himself/herself 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 :- 20.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench