SHAHID ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1263/2025 · 2025-09-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164899 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164899 (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. - 1263 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. In view of the proposed order being passed, notices to respondent No.2 is dispensed with. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present bail application has been filed seeking anticipatory bail in case crime No.41 of 2025, under Sections 419, 420, 406, 504, 506 IPC, P.S. Haraiya, District Balrampur. 4. In the prosecution case it is alleged that informant with a view to get employment for his son Kaleem and for preparing his Visa has given Rs.1,15,000/- to Mahesh upon saying of Ehshanulla. It is alleged that Rs.27,000/- was sent on 19.03.2025. It is further alleged that co-acused Mahesh has told that he is facing some difficulty in getting Visa of Kuwait therefore, he has promised to give Visa of Saudi Arab and provide job to his son in a Madarsha and also give plane ticket. It is alleged that he even after expiry of time for Visa i.e. 03.06.2024 could not provide the Visa rather told that Visa was incorrect and fresh Visa will have to be applied. He has refused to pay back the money on the contrary is threatening the informant. 5. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. The only allegation against the applicant is that applicant was sitting in the office of Mahesh and he was misguiding the informant. He submits that the applicant has explained the Versus Counsel for Applicant(s) : Abhishek Misra Counsel for Opposite Party(s) : G.A. Shahid Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
criminal history in paragraph Nos.29 and 30 of the bail application
6. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. 7. Learned counsel for the applicant further submits that he will cooperate in the investigation. 8.
Without expressing any opinion on the merits of the case and considering the nature of accusation and role assigned to the applicant, undertaking given by the applicant, applicant has explained the criminal history in para 29 and 30 of the bail application, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 9. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 10. The application stands allowed. September 19, 2025 Saurabh Yadav/- NABAIL No. 1263 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench