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2025 DAILYLAW 37305 (ALL)

NISAR AHMAD v. STATE OF U.P. AND ANOTHER

NABAIL/3346/2025 · 2025-05-06

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73569 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3346 of 2025 Applicant :- Nisar Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bashisth Narain Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of C.D. Parcha No.23 dated 29.02.2024 produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State, is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.324 of 2023, under Sections 419, 420, 467, 468, 471, 120-B, 406 I.P.C., Police Station- Rajghat, District- Gorakhpur, during the pendency of trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of applicant was disclosed by an informer. The said fact has been mentioned in C.D. Parcha No.23 dated 29.02.2024. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. Applicant has not forged or manipulated any documents. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant was not named in the first information report, the name of applicant was disclosed by an informer, at this stage there is no substantive evidence to link the applicant with the offence, charge sheet has been filed, 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. 7. In the event of arrest, the applicant Nisar Ahmad, 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 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. (iv) the applicant, at the time of execution of bond, shall furnish his address and mobile number to the court concerned. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 7.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad