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Neutral Citation No. - 2025:AHC:48619 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2289 of 2025 Applicant :- Riyasat Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.73 of 2022, under sections 420, 467, 468, 471, 120B I.P.C., P.S. Sherkot, District Bijnor
3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was the marginal witness of the sale deed executed on 25.6.2025. No amount was credited in the account of the applicant. The applicant was not the beneficiary of illicit the transaction. With regard to the land in dispute a civil suit is also pending before the Court of Civil Judge, Junior Division, Bijnor,, registered as Suit No. 438 of 2015 (Sharafat Hussain and others vs. Iqramuddin and others). During the pendency of the proceedings the applicant was granted protection till submission of police report by this Court vide order dated 15.9.2022 passed in Criminal Misc. Writ Petition No. 12231 of 2022 (Riyasat Hussain vs. State of U.P. and 2 others). The investigation has been completed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. No custodial interrogation is required. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State 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 and the fact the applicant was the
marginal witness of the sale deed executed on 25.6.2025, the fact that during the pendency of the proceedings the applicant was granted protection till submission of police report by this Court, 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 Riyasat Hussain, 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 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 :- 5.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad