MOHAMMAD AKRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/212/2024 · 2025-01-13
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169633 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2351 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 212 of 2024 Applicant :- Mohammad Akram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ajay Kumar Tripathi,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Sri Anil Kumar, Sub-Inspector, Kotwali Dehat, Hardoi is present in person along with the complete case diary. The relevant papers have been shown to the Court. 3. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in F.I.R./Case Crime No.469 of 2024, under Sections 303(2), 305, 317(2), 317(4), 324(4) BNS, Police Station- Kotwali Dehat, District- Hardoi. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated on the confessional statement of the co-accused and as such the statement is an extra judicial confession which has no evidentiary value, therefore the present applicant is entitled for bail. The present applicant is having no criminal history of any kind whatsoever. He further submitted the applicant undertakes that he shall co-operate in the investigation proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court. 5. Learned A.G.A. has submitted that this is not a case of false implication and the applicant is not co-operating in the investigation. He has further submitted that while rejecting the anticipatory bail application of the applicant, the learned Sessions Court considered the confessional statement of the co- accused wherein they have stated that they have sold out the stolen property to the applicant who is kabadi (junk dealer) and is known as kabadi Akram Kuraishi. 6. Having heard learned counsel for the parties and perused the material available on record. Since the applicant has not appeared before the investigating agency, therefore, the
statement of the applicant that nothing incriminating has been recovered from him may not be accepted at this stage. If he is an innocent person and he has not purchased any stolen property from the co-accused persons, he may co-operate in the investigation. 7.
Therefore, without entering into the merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the applicant to appear/ surrender before the investigating agency/ court concerned within a period of two weeks and file appropriate application for bail. It is needless to say that such application may be considered and disposed of with expedition, strictly in accordance with law. 8. In view of the aforesaid terms, this application is disposed of. (Rajesh Singh Chauhan,J.) Order Date :- 13.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench