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2025 DAILYLAW 86102 (ALL)

SAZID v. STATE OF U.P. AND ANOTHER

NABAIL/6528/2025 · 2025-08-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144578 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6528 of 2025 Applicant :- Sazid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Srivastava,Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, 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 No. 655 of 2022 arising out of Case Crime No. 461 of 2017 (State of U.P. vs. Sarwar and others), under Sections 147, 148, 149, 336, 353, 307, 379 I.P.C. and Sections 4/21 of Mines and Mineral Act, Police Station- Behat, District- Saharanpur. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report, five named accused and 60-70 unknown persons are nominated. The name of the applicant surfaced during the course of investigation. In the alleged incident, no police personnel received any injury. At this stage, there is no credible evidence to link the applicant with the offence. Further, identically placed co-accused Rashid has been granted anticipatory bail by this Court vide order dated 19.10.2023 passed in Criminal Misc. Anticipatory Bail Application No. 9313 of 2023 (Rashid vs. State of U.P. and ANother). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated 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, 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 by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, the name of the applicant surfaced during the course of investigation, in the alleged incident, no police personnel received any injury, identically placed co-accused Rashid has been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Sazid, 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 :- 22.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad