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2025 DAILYLAW 64437 (ALL)

MOHD HASNAIN ALIAS RAJU v. STATE OF U.P. AND ANOTHER

ABAIL/4983/2024 · 2025-04-24

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63925 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4983 of 2024 Applicant :- Mohd Hasnain Alias Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atiqur Rahman Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and 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. 105 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Bara, District Allahabad. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The co-accused Baboli @ Shahjade impersonated as Deena Nath and executed the sale deed on 22.12.2016. The applicant has no concern with the execution of sale deed. No amount was credited in the account of the applicant. The applicant was not a beneficiary of the illicit transaction. 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. by this court vide order dated 19.04.2017 passed in Criminal Misc. Writ Petition No. 6012 of 2017. Investigation has been completed. The applicant had co-operated in the investigation. 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 released on anticipatory bail till conclusion of trial, 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 and antecedents of the applicant, in particular the fact, that the co- accused Baboli @ Shahjade impersonated as Deena Nath and executed the sale deed, no amount was credited in the account of the applicant, at this stage there is no substantive 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. by this court, investigation has been completed, the applicant had co-operated in the investigation, the applicant has been summoned by the concerned court, 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 Mohd. Hasnain @ Raju, 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 :- 25.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad