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2025 DAILYLAW 29114 (ALL)

NASIM KHAAN v. STATE OF U.P.

NABAIL/2077/2025 · 2025-07-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112722 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2077 of 2025 Applicant :- Nasim Khaan Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Shashank Shekhar Pandey, learned A.G.A. 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 applicant in Criminal Case No.8808 of 2024 (State of U.P. vs. Ram Naresh Yadav and others) arising out of Case Crime No. 75 of 2024, under sections 379, 411, 420, 468, 120B I.P.C., and 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957, P.S. Chopan, District Sonbhadra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged Inter State Transit Pass was recovered from the possession of by co-accused Makardhwaj, who was arrested at the spot. The applicant has no concern with the alleged document. The applicant has not forged or manipulated any document. Further, the co-accused Vinod Kumar Shah has been granted anticipatory bail by this court vide order dated 25.7.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6619 of 2024. At this stage, there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. 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, antecedents of the applicant and the fact that the alleged Inter State Transit Pass was recovered from the possession of co-accused Makardhwaj, who was arrested at the spot, the co-accused Vinod Kumar Shah has been granted anticipatory bail by this court, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that the applicant had cooperated in the investigation and 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 Nasim Khaan, 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 and every 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 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 his 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 :- 14.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad