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2025 DAILYLAW 160589 (ALL)

MUHAMMAD HALEEM @ HALEEM PRASAD v. STATE OF U.P. AND ANOTHER

NABAIL/1117/2025 · 2025-09-01

Subhash Vidyarthi

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1117 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Apoorv Dev, learned counsel appearing on behalf of the applicant as well as Shri Shikhar Srivastava, learned A.G.A. appearing on behalf of the State and Shri Umesh Kumar Maurya, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.184 of 2025, under Sections 126(2), 352, 109, 351(2), 3/5 of Bhartiya Nyay Sanhita, registered at Police Station- Chowk, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.07.2025 against four persons, including the applicant, stating that the other three co-accused persons had intercepted the informant and his friends at about 01:45 a.m. on 12.07.2025; that the other three co-accused persons started firing gun shots and threatened to kill the informant and they chased him. Upon hearing the hue and cry raised by the informant's companion, a crowd gathered there. The F.I.R. further states that while trying to run away, the informant dialed 112 and the police came there and recovered an empty cartridge from the spot. 4. 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. The applicant's involvement in another criminal case relating to offences under Section 504, 506 I.P.C. has been disclosed in para 18 of the affidavit, in which he has not been summoned. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and he Versus Counsel for Applicant(s) : Apoorv Dev, Abhay Kumar Saxena Counsel for Opposite Party(s) : G.A. Muhammad Haleem @ Haleem Prasad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) has submitted that the investigation is still going on. 6. The learned counsel for the complainant has submitted that the incident took place at the exhortation of the applicant and an empty cartridge was recovered from the spot. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R. narration, the applicant has exhorted the co-accused persons after the incident had already taken place and a crowd had gathered there and no gun-shot was fired after the exhortation of the applicant and that no person has suffered injuries in the incident, 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 before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on 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 1, 2025 S. Shivhare NABAIL No. 1117 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench