AFZAL HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
NABAIL/1186/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162606 (ALL) · dailylaw.ai ]
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. - 1186 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Prateek Tewari, the learned counsel for the applicant as well as Sri Mayank Sinha, learned A.G.A. 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. 152/2024, under Sections 308(5), 318(4), 127(3), 115(2), 351(3), 61(2) B.N.S., registered at Police Station Maharajganj Tarai, District Balrampur. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.12.2024 against one Mohd. Tarik Khan and four unnamed persons, stating that the accused persons got a sale deed executed by the informant's husband while he was under intoxication. The deed was executed on 16.10.2024 and the FIR states that the informant's husband disclosed this fact to her on 17.11.2024 and thereafter she lodged the FIR. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case as he had witnessed the execution of the sale deed and he has no criminal history. 5. The learned counsel for the applicant has submitted that the executant of the sale deed had executed a gift deed in respect of a portion of land in question on the same date in favour of his father. A civil suit regarding cancellation of the sale deed has also been filed by the executant, which is Versus Counsel for Applicant(s) : Prateek Tewari, Alok Kumar Mishra Counsel for Opposite Party(s) : G.A. Afzal Husain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
pending consideration before the competent court. 6.. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that investigating in the matter is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR, he is not the executant of the sale deed; that a civil suit questioning validty of the sale deed in question is already pending and that the applicant has no previous criminal history, I am of the view that the applicant is entitled to be granted interim anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Afzal Husain 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 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. September 8, 2025 Pradeep/- NABAIL No. 1186 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench