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2025 DAILYLAW 23955 (ALL)

ABBADI ALIAS SYED MOHAMMAD MAHDI AABDI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/1834/2025 · 2025-07-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119362 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1834 of 2025 Applicant :- Abbadi Alias Syed Mohammad Mahdi Aabdi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sayyed Kashif Abbas Rizvi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants as well as Sri Nagendra Mishra, learned brief holder for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.297 of 2024, under sections 386, 427, 447, 504, 506 I.P.C., P.S. Dhoomanganj, District Prayagraj. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The mother of the applicants is the recorded tenure holder and is in possession of the disputed land. The applicants also claim ownership of the said land. The case is purely civil in nature. The appropriate remedy for the informant is to file a civil suit in the court of competent jurisdiction. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. Investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned brief holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, the fact that the mother of the applicants is the recorded tenure holder, the case is purely civil in nature, at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants Abbadi @ Syed Mohammad Mahdi Aabdi and Mohammad Shis Mahdi Aabdi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad