Neutral Citation No. - 2025:AHC:107043 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2170 of 2025 Applicant :- Mohammad Azhar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Shariq,Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Vikash Sahai, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Mohammad Shariq, learned counsel for the applicant and Sri Manish Goyal, learned Additional Advocate General assisted by Sri Vikash Sahai, learned Additional Government Advocate for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 86 of 2023, under Sections 147, 384, 506, 201, 120B, 119, 195A, 34 IPC, 42/54 of Prison Act, 1874, 7/8/13 Prevention of Corruption Act, 1988 and Section 7 Criminal Law Amendment Act, 1932, Police Station Bithrichainpur, District Bareilly with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant was not named in the FIR and FIR of the present case was lodged against seven persons and as per allegation made in the FIR on the basis of fake documents the named accused persons used to make jail visit to meet with Mohd. Khalid Azeem @ Ashraf, who was detained in jail but during investigation applicant has also been made accused on the ground that that he was also one of the person, who made the jail visit to meet co-accused Mohd. Khalid Azeem @ Ashraf on the basis of fake documents. 5. He further submits, there is also allegation that applicant also used to provide his Aadhar card to other persons for meeting with co-accused Mohd. Khalid Azeem @ Ashraf, who was hardened criminal but entire allegations leveled against the applicant are totally false and except the bald and verbal allegation there is no cogent evidence in this regard on record. 6. He further submits, FIR of the present case was lodged on 07.03.2023 but investigation of the case is still pending and police is trying to arrest the applicant. 7. He further submits, there is no evidence on record which can suggests that applicant was trying to evade the arrest but only to show his abscondence Investigating Officer on the basis of false facts obtained N.B.W. against applicant and thereafter process under Section 82 Cr.P.C. has also been issued against him. 8. He further submits, therefore, considering the facts of the case, applicant should be enlarged on anticipatory bail till trial. 9. Per contra, learned AAG vehemently opposed the prayer and submits, applicant is an absconder and he is continuously trying to evade his arrest and is not cooperating with the investigation. He further submits, after considering entire facts N.B.W. was issued against him by the competent court on 15.09.2023 and thereafter on 04.03.2024 process under Section 82 Cr.P.C. has also been issued. Learned AAG placed reliance on the judgment of the Apex Court passed in the case of Srikant Upadhyay and others Vs. State of Bihar and another 2024 SCC OnLine SC 282. 10. Learned AAG further submits, even as far as merit of the case is concerned, from the record it reflects, applicant was close associate of co-accused Mohd. Khalid Azeem @ Ashraf, who was hardened criminal and he used to visit jail on the basis of fake documents and he also involved in hatching conspiracy for committing the murders along with co-accused Mohd. Khalid Azeem @ Ashraf and other co-accused. 11. He further submits, therefore, considering the above facts, applicant should not be released on anticipatory bail. 12. I have heard both the parties and perused the record of the case. 13. However, applicant is not named in the FIR but during investigation his complicity was revealed when it was found that he was also one of the person who used to meet Mohd. Khalid Azeem @ Ashraf in jail on the basis of fake documents. There is also allegation against the applicant that he involved in hatching conspiracy along with co-accused Mohd. Khalid Azeem @ Ashraf and other accused for committing murders and he was close associate of co-accused Mohd. Khalid Azeem @ Ashraf, who was hardened criminal. 14. Further, from the record, it reflects, name of the applicant had been disclosed in the present matter during investigation in the year 2023 but it appears, thereafter he is evading his arrest and is not cooperating with the investigation and due to this reason on the application moved by the Investigating Officer competent court on 15.09.2023 issued N.B.W. against him and thereafter on 04.03.2024 process under Section 82 Cr.P.C. has also been issued, therefore, prima facie applicant appears to be an absconder. 15. Therefore, considering the facts and circumstances of the case discussed above and observation made by the Apex Court in the case of Srikant Upadhyay (supra) on which reliance was placed by learned AAG in considered view of this Court, applicant is not entitled to be released on anticipatory bail. 16. Accordingly, the instant anticipatory bail application is dismissed. 17. It is made clear that observations made while deciding instant anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad