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2025 DAILYLAW 65894 (ALL)

MOHD FAROOKH @ SHAFIYA AND ANOTHER v. State of UP AND 2 OTHERS

ABAIL/5237/2024 · 2025-01-10

Saumitra Dayal Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5874 Court No. - 45 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5237 of 2024 Applicant :- Mohd Farookh @ Shafiya And Another Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri S.P.S. Chauhan, learned counsel for the applicants and Sri L.D. Rajbhar, learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicants - Mohd. Farookh @ Shafiya and Mohd. Khursheed, seeking anticipatory bail in Case Crime No. 35 of 2020, under Sections - 147, 148, 307, 332 and 353 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station - Kotwai Nagar, District - Aligarh. 3. At the outset, parity has been sought with Mohd. Sharik who has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8708 of 2021 (Mohd. Sharik Vs. State of U.P.), vide order dated 07.04.2021. For the reasons contained in that order, the present applicant against whom similar allegations have been made is also entitled to similar protection. Though criminal history was initially cited, that has been wholly explained. 4. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicants are entitled to anticipatory bail in this case, at this stage. 5. In the event of arrest of the applicants - Mohd. Farookh @ Shafiya and Mohd. Khursheed, involved in the aforesaid case crime, they shall be released on anticipatory bail till conclusion of the trial, on their furnishing a personal bond of Rs. 50,000/- each with two sureties of the like amount to the satisfaction of the learned court below on the following conditions: (i) The applicants shall make themselves available for interrogation by the learned court below 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 him/her from disclosing such facts to the court or tamper with the evidence. (iii) The applicants shall not leave India without the previous permission of the court. (iv) In default of any of the conditions mentioned above, the informant shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 6. Present application stands disposed of. Order Date :- 10.1.2025 Abhilash Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad