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2025 DAILYLAW 73437 (ALL)

ABBAS v. STATE OF U.P. AND ANOTHER

NABAIL/5618/2025 · 2025-07-16

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115839 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5618 of 2025 Applicant :- Abbas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case No. 5523 of 2024 (State Vs. Abbas), arising out of Case Crime No. 656 of 2022, under Sections 506, 323 IPC and Section 67 of Information Technology Act, Police Station Kotwali Shahar, District Bulandshahr. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant did not act inappropriately with the informant-victim. There is no report of cyber cell available in the case diary. No indecent photographs of the informant-victim was made viral by the applicant. During the course of investigation the applicant was granted the benefit of Section 41-A Cr.P.C. Investigation has been completed. Charge sheet has been submitted. 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 granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned brief holder for the State 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that there is no report of cyber cell available in the case diary; no indecent photographs of the informant-victim was made viral by the applicant; during the course of investigation the applicant was granted the benefit of Section 41-A Cr.P.C., charge sheet has been submitted, the applicant had co-operated in the investigation, 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 Abbas, 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 :- 17.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad