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2025 DAILYLAW 78446 (ALL)

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

NABAIL/5954/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136892 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5954 of 2025 Applicant :- Anis Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 176 of 2025, under Sections 09, 39, 51 Wildlife (Protection) Act, 1972, 26(1) Forest Act, 4/25 Arms Act and 3(5) B.N.S., 2023, Police Station Paniyara, District Maharajganj. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Rais, Noor Mohammad and Majidullah Khan in the police custody. The said statements insofar as they implicate the applicant are unreliable. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 2 of the supplementary affidavit. The investigation is still pending and the applicant has apprehension of his arrest in the above case. 4. Learned A.G.A. 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, and, in particular, the fact that the name of the applicant was disclosed by co-accused Rais, Noor Mohammad and Majidullah Khan in the police custody; and, at this stage there is no substantive evidence to link the applicant with the offence, 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- Anis 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 351 BNSS. 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 :- 12.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad