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2025 DAILYLAW 26427 (ALL)

MD DANIYAL ASIF v. STATE OF U.P.

NABAIL/2131/2025 · 2025-03-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38028 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2131 of 2025 Applicant :- Md Daniyal Asif Opposite Party :- State of U.P. Counsel for Applicant :- Akansha Srivastava,Quazi Mohammad Akaram Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Mohd. Umar Iqbal Khan, counsel for the applicant and Sri Raj Shekhar Srivastava, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 221 of 2024, under Sections 498A, 323, 354, 504, 506 IPC and Section 3/4 D.P.ACT. Police Station Kaushambi, District Ghaziabad. 3. Counsel for the applicant contends that the applicant is the brother-in-law (Jeth) of the informant-victim. A matrimonial dispute exists between the co-accused Fainan Ashif and the informant. No such incident had occurred. In the alleged incident, the informant has not received any injury. The applicant had not acted indecently with the informant. During the course of investigation, the applicant was granted interim anticipatory bail by the Sessions Judge, Ghaziabad vide order dated 05.07.2024. Investigation has been completed. The applicant had co-operated in the investigation. No custodial interrogation is required. At this stage, there is no credible evidence against the applicant. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the applicant is the brother-in-law (Jeth) of the informant-victim, a matrimonial dispute exists between the co-accused Fainan Ashif and the informant, at this stage, there is substantive evidence against the applicant, during the course of investigation, the applicant was granted interim anticipatory bail by the Sessions Judge, Ghaziabad, investigation has been completed, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Md. Daniyal Asif, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 18.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad