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2025 DAILYLAW 77877 (ALL)

UZAIR AHMAD v. STATE OF U.P. AND ANOTHER

NABAIL/6043/2025 · 2025-08-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132812 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6043 of 2025 Applicant :- Uzair Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saleem Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri S.S. Pandey, learned A.G.A. for the State- opposite party no. 1, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 28 of 2025, under Sections 191(2), 191(3), 190, 352, 351(2), 131, 125, 109(1) B.N.S, and 7 Criminal Law (Amendment) Act, Police Station Kithore, District Meerut. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, two groups were fighting amongst themselves by firing, pelting stones and abusing each other. A vague and general role has been assigned to the applicant. In the alleged incident no person from the side of the informant has received any injury. In fact, the applicant had received injuries. At this stage there is no credible evidence to link the applicant with the offence. 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 criminal history of the applicant has been explained in Paragraph- 25 of the affidavit. 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 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that a vague and general role has been assigned to the applicant and in the alleged incident no person from the side of the informant has received any injury, at this stage, there is no substantive evidence to link the applicant with the offence; 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 Uzair Ahmad, 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 :- 6.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad