Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158776 (ALL)

MUJEER KHAN @ MUJEER AHMAD MOHD SARIF KHAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/905/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:49052 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 905 of 2025 Applicant :- Mujeer Khan @ Mujeer Ahmad Mohd Sarif Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Firoz Ahmad Khan, the learned counsel for the applicant as well as Sri Diwakar Singh, the learned Additional Government Advocate 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.165 of 2024, under Sections 452, 323, 504, 506 I.P.C., registered at Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2024 against four persons, including the applicants stating that the because of a property dispute between the parties the accused persons had beaten up the complainant at about 8.00 p.m. on 15.06.2024. 4. The injury report of the complainant mentions a contusion on right side of chest, a contusion on right forearm and swelling with pain on left knee. The X-ray examination report did not reveal any abnormality. 5. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case because of a property dispute between the parties. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted against all the accused persons on 01.07.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. states a property dispute between the parties, the complainant has suffered some simple injuries and there is no allegation of use of any weapon etc. in the incident' that the Investigating Officer has already concluded investigation way back on 01.07.2024 and it appears that the applicants were were not arrested during investigation coupled with the fact that the applicants have no criminal history 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 applicants. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicants-Mujeer Khan @ Mujeer Ahmad Mohd. Sharif Khan, Munir Khan @ Munir and Smt. Akabari before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make himself available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 21.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench