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2025 DAILYLAW 173671 (ALL)

AFTAB ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1206/2025 · 2025-10-31

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1206 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in F.I.R./Case Crime No. 0927/2022 U/s 419/420/467/468/471 I.P.C., Police Station Kotwali, District Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant is merely a marginal witness to the sale deed and not a beneficiary thereof. It is further submitted that no amount has been credited to the applicant’s account, and he has no criminal antecedents. The applicant undertakes to cooperate in the ongoing investigation. Learned A.G.A., on the other hand, has opposed the prayer for anticipatory bail, contending that the offence under Section 467 IPC is punishable with life imprisonment. The complicity of the applicant is apparent from the record, and it is further submitted that the applicant has not cooperated in the investigation. Non-bailable warrants have been issued, and proceedings under Section 82 Cr.P.C. have also been initiated against him. Perused the record. A perusal of the material on record shows that the earlier rejection order was passed on 22.05.2024. The applicant has approached this Court after a delay of one year and five months without offering any explanation for such delay. Considering the fact that the applicant has not cooperated in the investigation, proceedings under Section 82 Cr.P.C. have been issued against Versus Counsel for Applicant(s) : Mohd. Salman, Ana Fatma, Mukhtar Ahamad Counsel for Opposite Party(s) : G.A. Aftab Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) him, and there exists another criminal case, being Case Crime No. 931 of 2022 under Sections 419, 420, 461, 467, 468, 471, and 120-B IPC, it prima facie appears that the applicant is a habitual offender involved in similar offences. There is no material to suggest that he has been falsely implicated. Since anticipatory bail is an extraordinary relief to be granted only in exceptional circumstances, this Court finds no ground to entertain the present application. Accordingly, the anticipatory bail application stands dismissed. October 31, 2025 R.C. ABAIL No. 1206 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench