SHAKIL AHMAD AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
NABAIL/4310/2025 · 2025-08-18
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63431 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63431 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141492 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4310 of 2025 Applicant :- Shakil Ahmad And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Adwitiya Prakash Tiwari,Amit Singh,Mayank Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicants, is taken on record. 2. Heard counsel for the applicants as well as Sri Rupak Chaubey, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.534 of 2024, under sections 420, 447, 147, 323, 504, 506, 427, 395, 120(B) I.P.C., P.S. Naini, District Prayagraj. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The case is purely civil in nature. The informant has attempted to cloak it with a criminal flavour to harass the applicants. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. Investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants the fact that the case is purely civil in nature, at this stage, there is no substantive evidence to link the applicants with the offence, without
commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants Shakil Ahmad, Gulista Bano, Mohammad Arsh Ahmad, Mohammad Aun Ahmad 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they has passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
9. 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 applicants.
10. 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 applicants.
11. The applicants are 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.
12. The application stands disposed of.
Order Date :- 19.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad