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Neutral Citation No. - 2025:AHC:65709 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7805 of 2024 Applicant :- Sarfaraz And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan, Nand Kishor Mishra Counsel for Opposite Party :- Ashiyam Nasir,G.A.,Shabeena Begum Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants as well as Mr. Tanzeem Ahmad, Advocate holding brief of Ms. Shabeena Begum, counsel for the informant and Sri Nagendra Mishra, learned A.G.A. for the State- opposite party. Perused the material placed on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 38 of 2024, under Sections 420, 467 468, 471, 406 I.P.C., Police Station Swar, District Rampur.
3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. No amount was credited in the account of applicants. The applicants are not beneficiary of the illicit transaction. At this stage there is no documentary evidence to establish that any amount was paid in cash to the applicants or the applicants had forged or manipulated any documents. The co-accused Ikrar has been granted regular bail by this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No.37099 of 2024 (Ikrar vs. State of U.P.). The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.
4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid
submissions from the record. 5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that at this stage there is no documentary evidence to establish that any amount was paid in cash to the applicants or the
applicants had forged or manipulated any documents, the co-accused Ikrar has been granted regular bail by this Court vide order dated 03.01.2025, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Sarfaraz and Bunty be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11.
The application stands disposed of.
Order Date :- 28.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad