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2025 DAILYLAW 159901 (ALL)

MOHD. AMEEN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1179/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1179 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sudhaker Prakash, the learned counsel appearing on behalf of the applicant as well as Sri S.P. Singh, the learned State Counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.231 of 2025 under Sections 304(2) B.N.S. registered at Police Station- Dubagga, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.05.2025 alleging that two motorcycles borne miscreants had snatched away a mobile phone from the complainant. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. 6. The applicant's involvement in two other criminal cases has been disclosed in the affidavit filed in support of the bail application and he has been granted bail in both the cases. 7. The learned counsel for the applicant has submitted that the applicant has been implicated in the present case solely on the basis of custodial statement of co-accused Asif from whom the stolen mobile phone was recovered. 8. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still pending. 9. Learned counsel for the applicant has submitted that the alleged offence carries a maximum sentence of imprisonment upto three years and the applicant will co-operate in the investigation. Versus Counsel for Applicant(s) : Sudhaker Prakash Counsel for Opposite Party(s) : G.A. Mohd. Ameen .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 10. Having considered the aforesaid facts and circumstances 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. 11. In view of the above, the anticipatory bail application of the applicant 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. September 9, 2025 -Amit K- NABAIL No. 1179 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench