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2025 DAILYLAW 62307 (ALL)

SAGIR ALI ADVOCATE v. STATE OF U.P.

NABAIL/4159/2025 · 2025-05-26

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89799 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4159 of 2025 Applicant :- Sagir Ali Advocate Opposite Party :- State of U.P. Counsel for Applicant :- Ayush Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.,Vijay Kumar Sharma Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 2047 of 2019, under sections 420, 467, 468, 471 of I.P.C., Police Station- Kavi Nagar, District- Ghaziabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is an Advocate who appeared on behalf of the co-accused, Yogita Bansal in Case Crime No. 529 of 2017 under Sections 504, 506 I.P.C. and Section 66 of I.T. Act, Police Station- Link Road, District- Ghaziabad. The applicant did not stand surety for any of the accused. The documents furnished by the sureties were only filed before the court concerned. At this stage, there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted protection till submission of police report under Section 173(2) Cr.P.C. vide order dated 19.11.2019 passed in Criminal Misc. Writ Petition No. 23497 of 2019 (Sagar Ali vs. State of U.P. and 2 others). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. 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. 4. Learned A.G.A. has 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 applicant, considering the nature of accusations, antecedents of the applicant and the fact that at this stage, there is no substantive evidence against the applicant, the fact that during the course of investigation, the applicant was granted protection till submission of police report, 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. 6. In the event of arrest, the applicant Sagir Ali Advocate, 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. 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 :- 27.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad