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2025 DAILYLAW 66657 (ALL)

JAMEER ALIAS MOHD JAMEEL KHAN v. STATE OF U.P. AND ANOTHER

NABAIL/4570/2025 · 2025-09-21

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4570 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. As per office report dated 18.9.2025 notice of the present application has been served on the opposite party no.2 through brother. However, no one appears on behalf of the said opposite party nor any counter affidavit has been filed. 2. Despite time granted to learned AGA for the State, no counter affidavit has been filed. 3. The applicant was granted interim anticipatory bail vide order dated 27.6.2025 passed by a co-ordinate bench of this Court. The order is quoted herein below:- "1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Jameer Alias Mohd Jameel Khan in Session Case No.795 of 2024 (State Vs. Irfan and others), under Section 395 I.P.C., Police Station - Bisauli, District - Budaun. 3. It is submitted by learned counsel for the applicant sister of the applicant has lodged First Information Report in the year 2022 in respect of Section 376 I.P.C. against the son of complainant. He further submits that the son of complainant was released on bail the present complaint case has been lodged as a counterblast to pressurize the applicant to withdraw the criminal proceedings which is an abuse of process of law. 4. Matter requires consideration. 5. Issue notice to opposite party no.2. Versus Counsel for Applicant(s) : Ashish Kumar, Girish Singh Counsel for Opposite Party(s) : G.A. Jameer Alias Mohd Jameel Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Opposite parties may file counter affidavit within three weeks. 7. List this case on 22.09.2025. 8. Till the next date of listing, applicant, namely, Jameer Alias Mohd Jameel Khan shall be not be arrested in the aforesaid case without leave of this Court provided applicant shall participate in the trial and appear before the court concerned. " 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The complainant has not received any injury in the alleged incident. No medical report has been annexed along with the complaint. Further, pursuant to the order dated 27.6.2025, the applicant is appearing before the court concerned and is contesting the proceedings. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions as recorded in the interim order dated 27.6.2025, considering the nature of accusations, antecedents of the applicant and the fact that the complainant has not received any injury in the alleged incident, no medical report has been annexed along with the complaint; the fact that the applicant is appearing before the court concerned and is contesting the proceedings, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Jameer Alias Mohd. Jameel Khan, involved in Session Case No.795 of 2024 (State Vs. Irfan and others), under Section 395 I.P.C., Police Station - Bisauli, District - Budaun 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 him from disclosing such facts to the Court; NABAIL No. 4570 of 2025 2 (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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 22, 2025 S.S. NABAIL No. 4570 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad