MOHD. RIYAZ AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/6114/2025 · 2025-07-31
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128756 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6114 of 2025 Applicant :- Mohd. Riyaz And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Yadav,Rajeev Nayan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 59 of 2021, under section 467 of I.P.C., Police Station- Oonj, District- Bhadohi. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. Earlier the applicants were granted bail under Sections 323, 419, 420, 468, 504, 506 I.P.C. and Section 3(1)(da)(dha) of S.C./S.T. Act vide order dated 22.02.2023 passed by the Special Judge (S.C/S.T. Act)/ Additional Sessions Judge, Court No. 2, Bhadohi Gyanpur in Bail Application No. 285 of 2023 (Government vs. Mohd. Riyaz and others). Thereafter, charges were framed under the said sections. On 07.06.2024, the informant filed an application under Section 216 Cr.P.C. The said application was allowed vide order dated 03.08.2024 and date was fixed for framing of charge under Section 467 I.P.C. Consequently, the applicants have been summoned. The applicants have not forged or manipulated any documents. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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, antecedents of the applicants and the fact that earlier the applicants were granted bail under Sections 323, 419,
420, 468, 504, 506 I.P.C. and Section 3(1)(da)(dha) of S.C./S.T. Act vide order dated 22.02.2023 passed by the Special Judge (S.C/S.T. Act)/ Additional Sessions Judge, Court No. 2, Bhadohi Gyanpur in Bail Application No. 285 of 2023 (Government vs. Mohd.
Riyaz and others), charge-sheet has been filed, the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Mohd. Riyaz, Adnan and Mohd. 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 :- 1.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad