KHURSHID @ MOHAMMAD KURSID v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER
NABAIL/1650/2025 · 2025-11-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203834 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203834 (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. - 1650 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks anticipatory bail in Case Crime No.461 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station Inayat Nagar, District Ayodhya. The allegation in the prosecution case is that the applicant, in collusion with co-accused persons, committed forgery and, on the basis of forged Aadhaar cards and a forged number plate affixed to the vehicle, was engaged in transporting stolen buffaloes illegally into the State of Bihar for sale. It is further alleged that 3–4 co-accused persons were apprehended from the spot, and in their confessional statements, the name of the applicant surfaced. From the possession of the co-accused, three country-made pistols of .315 bore, one live cartridges of .315 bore, three forged Aadhaar cards, one pickup vehicle bearing registration no. UP42 BC 9113, two forged number plates bearing registration no. UP22 BT 7433, and three mobile phones were recovered. Learned counsel for the applicant submits that the applicant has no criminal antecedents. The applicant is aged about 20 years and has Versus Counsel for Applicant(s) : Anil Kumar Tiwari, Amit Kumar Tiwari Counsel for Opposite Party(s): G.A. Khurshid @ Mohammad Kursid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And Another .....Opposite Party(s)
been falsely implicated in the present case. It is further submitted that the offences alleged against the applicant are triable by the Magistrate. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts and circumstances of the case, it is evident that the name of the applicant has surfaced in the confessional statements of four co-accused persons who were apprehended on the spot along with the vehicle, illegal arms, and forged number plates.
In such circumstances, the plea of false implication cannot be accepted, as no plausible ground has been shown by the applicant indicating any reason for his false implication by the prosecuting agency. The offence under Section 338 of the Bharatiya Nyaya Sanhita, 2023, is punishable with ten years. Therefore, no case for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application stands dismissed. November 12, 2025 Madhu D.R/P.S NABAIL No. 1650 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench