RAFEEQ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. OF HOME DEPTT. LKO. AND ANOTHER
ABAIL/1190/2025 · 2025-10-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202703 (ALL) · dailylaw.ai ]
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. - 1190 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR No.141 of 2019 under sections 498-A, 323, 504, 506, 376, 511, 116 IPC, P.S. Kotwali Nagar, District Ayodhya. 3. In terms of the FIR, allegations were levelled against the co-accused of trying to commit the offence under section 376 IPC. The applicant is the husband of the informant. 4. It is argued that in terms of the FIR, which was lodged on 19.02.2019, the applicant had approached this court vide Writ Petition No.9714 of 2019 in which the interim protection was granted vide order dated 24.04.2019. Subsequently, the charge-sheet was filed, however, the applicant could not appear as the summons were sent on the wrong address. 5. It is argued that now the bailable warrants have been issued and the applicant apprehends his arrest. It is also argued that the co-accused against whom the main allegations were levelled, has been enlarged on bail vide order dated 15.03.2019. Versus Counsel for Applicant(s) : Syed Ahmad Jamal Counsel for Opposite Party(s) : G.A. Rafeeq Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. And Another .....Opposite Party(s)
6. Learned AGA opposes the bail application. 7. Considering the improbability of the allegations and the fact that the applicant was granted the benefit of interim protection by this court, the applicant is entitled to be enlarged on anticipatory bail. 8.
Thus, in the event of arrest, let the applicant Rafeeq Ahmad be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of Court below concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. (d) The applicant shall not leave India without the previous permission of the Court. 9. The present application for anticipatory bail is accordingly disposed off. October 28, 2025 VNP/- ABAIL No. 1190 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench