MOHD. SAIF v. STATE OF U.P THRU. PRIN. SECY. DEPTT. LKO. AND ANOTHER
NABAIL/1865/2025 · 2025-12-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176240 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176240 (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. - 1865 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime Number 219 of 2025 under sections303(2), 317(4), 317(5) BNS, Police Station Tulsipur, District Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State. Submission of learned counsel for the applicant is that Mohd. Tahkeek and Riyaz Ahmad, in their confessional statements given in police custody, have alleged that the stolen vehicle was to be sold to the applicant for a consideration of Rs.70,000/-. He submits that there is no recovery from the applicant except the confessional statements of co-accused recorded in police custody, and there is no other material available with the prosecution. The applicant has explained the criminal history in paragraph 21 of the bail application. He has cooperated in the investigation and further undertakes to cooperate in the investigation/trial.
Learned counsel for the applicant further submits that if the Versus Counsel for Applicant(s) : Mohd. Nafees, Bhupendra Veer Singh, Pawan Kumar Singh Counsel for Opposite Party(s): G.A. Mohd. Saif .....Applicant(s) State Of U.P Thru. Prin. Secy. Deptt. Lko. And Another .....Opposite Party(s)
accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the anticipatory bail application of the applicant. On due consideration to the recovery memo on record, the confessional statements of the co-accused, the role assigned to the present applicant, the lack of corroborative evidence, and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on anticipatory bail in light of the
judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. 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:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed accordingly. December 3, 2025 Madhu D.R/P.S NABAIL No. 1865 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench