Neutral Citation No. - 2025:AHC:115616 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3212 of 2025 Applicant :- Mohd Zain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Choudhary Counsel for Opposite Party :- Anas Mahboob,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Mr. Anas Mahboob, counsel for the informant as well as Sri V.P. Tripathi, learned A.G.A. for the State- opposite party. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 100 of 2024, under Sections 147, 148, 149, 323, 504, 506, 386 of I.P.C., Police Station -Puramufti, District- Nagar (Commissionerate Prayagraj). 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 8.5.2024. The first information report was lodged on 17.5.2024. The delay is fatal to the prosecution case. At this stage there is no credible evidence to establish that the applicant has committed the offence of extortion. In the alleged incident no injury has been sustained by the informant. It is next contended that the disputes pertains to the management of the Waqf property and appointment of Mutwalli. The applicant as well as the informant both are contesting proceedings before the Waqf Tribunal, Lucknow in Case No.30 of 2024 (Saiyad Mohd. Jain vs. U.P. Central Waqf Board Lucknow and others). It is next contended that the informant is a history-sheeter. Six cases are pending against him before the court of competent jurisdiction. At this stage, there is no credible evidence to link the applicant with the offence. Prior to the present case, the applicant was aso involved in Case Crime No.79 of 2025, under Sections 386, 506 I.P.C., Police Station Airport, District Prayagraj. 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. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the first information report was lodged belatedly; in the alleged incident no injury has been sustained by the informant; prior dispute exists between the parties, at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Mohd. Zain be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 17.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad