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Neutral Citation No. - 2025:AHC:110947 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4911 of 2025 Applicant :- Sameer Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.Z.Khan,Mohammad Asif Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Certified copy of the order-sheet produced by the learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 59 of 2019, under Section 366 I.P.C., Police Station Shahganj, District Agra. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Placing reliance on the marriage certificate annexed as Annexure-10 to the affidavit, it is contended that the victim had married the co-accused Shakir on
26.01.2019. There are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C. It is next contended that identically placed co-accused Aziz Khan, Smt. Naseem Khan and Zakir have been granted anticipatory bail by this Court vide order dated 17.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 4409 of 2025, Aziz Khan and others v. State of U.P.. The investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 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 made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the marriage certificate annexed as Annexure-10 to the affidavit, the victim had married the co-accused Shakir on 26.01.2019; there are inconsistencies in the statements of the victim under Sections 161 and 164 Cr.P.C.; identically placed co-accused Aziz Khan, Smt. Naseem Khan and Zakir have been granted anticipatory bail by this Court; the investigation has been completed; the applicant had cooperated in the investigation; and, 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. 7. In the event of arrest, the applicant- Sameer Khan, 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 and every 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.
8. Further, 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.
Order Date :- 10.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad