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2025 DAILYLAW 56035 (ALL)

ABDUL RAHMAN @ ABDURRAHMAN @ SAJID v. STATE OF U.P. AND 3 OTHERS

ABAIL/11957/2023 · 2025-09-07

Gautam Chowdhary

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11957 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Office vide its report dated 13.12.2023 has reported that notice issued to the informant of the case could not be served for the reasons that the opposite party no.2 has sold all his movable and immovabloe property and has left the village. In view of the office report, the case is taken up. 2. List revised. Heard learned counsel for the applicant, Jai Kishan Chaurasia, learned A.G.A., for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Complaint Case No. 03 of 2016 under Sections 363, 366, 376 I.P.C., and Section 3/4 of POCSO Act, Police Station Puranderpur, District Maharajganj, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. and learned counsel for first informant have opposed Versus Counsel for Applicant(s) : Akhilesh Kumar Gupta, Rakesh Kumar Gupta, Sharad Malviya Counsel for Opposite Party(s) : G.A. Abdul Rahman @ Abdurrahman @ Sajid .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the application for anticipatory bail. 6. Perusal of the record shows that specific allegation has been levelled against the applicant in commission of offence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail. 7. Accordingly, it is dismissed. 8. However, the applicant is at liberty to move regular bail before the concerned Court below. September 8, 2025 S.Ali ABAIL No. 11957 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad