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2025 DAILYLAW 62743 (ALL)

GULJAMA KHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

ABAIL/13171/2023 · 2025-01-24

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13036 Court No. - 6 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13171 of 2023 Applicant :- Guljama Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. 1. Heard Sri Mohd. Naushad, learned counsel for the applicants as well as Sri Santosh Kumar Pandey, learned A.G.A. for the State and perused the material placed on record. 2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.247 of 2020, under sections 147, 148, 149, 224, 323, 325, 332, 333, 353, 307, 188, 269, 270, 271, 427, 504 I.P.C. & Section 7 Criminal Law Amendment Act & Section 3 Epidemic Act & Section 3 Prevention of Damage to Public Property Act, Police Station Jhinjhana, District Shamli, during the pendency of trial. 3. Learned counsel for the applicant submitted that applicant No.1, Guljama Khan and applicant No.2 Aabad Khan were named in F.I.R., whereas, applicant No.3 Kasim was not named in the F.I.R. He further submitted that other co-accused persons have already been enlarged on bail by this Court in Criminal Misc. Anticipatory Bail Application Nos.4912 of 2023, 4038 of 2020, 6026 of 2020 and 11024 of 2023 and the case of the present applicants is on similar footing. He next submitted that applicants are having no criminal history. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the trial. 4. Learned A.G.A. opposed the prayer for anticipatory bail. 5. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the fact that other co-accused persons have already been enlarged on bail by this Court and the case of the present applicants is on similar footing, therefore, the applicants are entitled to be released on anticipatory bail in this case during the pendency of trial. 6. In the event of arrest of the applicants-Guljama Khan, Aabad Khan and Kasim, shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the learned court everyday when case is fixed unless exempted; (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 or to any police office; (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 them before the S.S.P./S.P. concerned. 7. In default of any of the conditions, this order will automatically stand vacated. Order Date :- 24.1.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad