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2025 DAILYLAW 41093 (ALL)

IKRAR HUSAIN v. STATE OF U.P.

NABAIL/2900/2025 · 2025-05-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70917 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2900 of 2025 Applicant :- Ikrar Husain Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 458 of 2022, under Sections 420, 468, 471 IPC, Police Station Milak, District Rampur. 4. Counsel for the applicant contends that the applicant applied for gold loans from the Canara Bank, branch Pipla Shivnagar, District Rampur. The said loans were sanctioned after due verification by the valuer appointed by the bank. The gold ornaments mortgaged by the applicant were pure and not spurious. No amount was transferred by the applicant in the account of the co-accused Rohit Sharma. The applicant has been implicated only for the purposes of harassment. At this stage there is no credible evidence against the applicant. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated 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 released on anticipatory bail till conclusion of trial, 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 learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the gold loans were sanctioned after due verification by the valuer appointed by the bank, at this stage, there is no substantive evidence that the applicant transferred any amount in the bank account of co-accused Rohit or at the time of sanction of loans, the pledged gold was impure, charge sheet has been submitted, the applicant has been summoned by the concerned court, 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. 7. In the event of arrest, the applicant Ikrar Husain, 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. 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 :- 5.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad