MO. SUAIB @ MOHAMMAD SHOAIB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
NABAIL/1234/2025 · 2025-09-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164015 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164015 (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. - 1234 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Atul Kumar Singh Gaur, learned counsel for the applicant, Sri Abhay Kumar Singh, learned A.G.A. appearing on behalf of the State and perused the record. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 454 of 2024, under Sections 316(2), 318(4) B.N.S, registered at Police Station Raunahi, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.09.2024 against five persons, including the applicant, stating that the applicant has taken money from several persons in the name of sending them to Canada and had taken their passport and, thereafter, he vanished. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent physically handicapped person having no criminal history and he has been falsely implicated in the present case. 5. The learned A.G.A. has opposed the anticipatory bail application on the basis of instructions provided to him and he has submitted Versus Counsel for Applicant(s) : Atul Kumar Singh Gaur Counsel for Opposite Party(s) : G.A. Mo. Suaib @ Mohammad Shoaib .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
that the applicant is not cooperating with the investigation. However, the instructions are silent upon the point as to whether any notice or summons were issued to the applicant. 6. A supplementary affidavit has been filed by the applicant, wherein he has undertaken to cooperate in the investigation/trial. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a handicapped person having no criminal history and he has undertaken to cooperate in the investigation/trial, 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- Mo.
Suaib @ Mohammad Shoaib before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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 NABAIL No. 1234 of 2025 2
prosecution witness. September 19, 2025 Preeti NABAIL No. 1234 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench