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Neutral Citation No. - 2025:AHC:88619 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3842 of 2025 Applicant :- Fareen And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Onkar Singh Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants, Sri Onkar Singh, learned counsel for the informant, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 267 of 2024, under sections 323, 504, 506, 363, 366, 420, 120-B I.P.C., Police Station- Loni, District- Ghaziabad. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The victim in her statement recorded under Section 164 Cr.P.C. stated that she was aged about 19 years and had married the co-accused Salman Idrisi after divorce from his earlier wife (sister of victim). The co-accused Salman Idrisi had filed an Application U/S 528 B.N.S.S No. 14134 of 2025 (Salman Idrisi vs. State of U.P. and 3 others) for quashing the proceedings of the present case as well as order issuing summons against him. The Court vide order dated 12.05.2025 had stayed the proceedings of the present case. At this stage there is no credible evidence against the applicants. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants has apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned counsel for the informant and learned A.G.A. 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 applicants, considering the nature of accusations, antecedents of the applicant and the fact that the victim in her statement recorded under Section 164 Cr.P.C. stated that she was aged about 19 years and had married the co-accused Salman Idrisi after divorce from his earlier wife (sister of victim).
The co-accused Salman had filed an Application U/S 528 B.N.S.S No. 14134 of 2025 for quashing the proceedings of the present case as well as
order issuing summons against him. This Court vide order dated 12.05.2025 had stayed the proceedings of the case., at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicants 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 applicants are entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicants Fareen, Ruksana, Arif, Sakib and Farman, 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 applicants shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have 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 :- 23.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad