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Neutral Citation No. - 2025:AHC:142174 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6645 of 2025 Applicant :- Akeel Ahmad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Binod Kumar Tripathi, Advocate has filed vakalatnama on behalf of informant. The same is taken on record. 2. Heard counsel for the applicants, counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 324 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(3) of B.N.S., Police Station- Kotwali Nagar, District- Etah. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The alleged sale deed was executed on 24.06.2024 by Shama Parveen in favour of the co-accused Gul Mohammad. The applicants are the marginal witness of the said sale deed. The applicants have only identified the person executing the sale deed. With regard to the contents of the sale deed, the applicants had no knowledge. No amount has been credited in the account of the applicants. The applicants are not a beneficiary of any illicit transaction. At this stage, there is no credible evidence to link the applicants with the offence. The criminal history of the applicants are explained in para no. 13 of the affidavit. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature of accusations and the fact that the alleged sale deed was executed on 24.06.2024 by Shama Parveen in favour of the co-accused Gul Mohammad, the applicants are the marginal witness of the said sale deed, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Akeel Ahmad and Shabbir Khan, 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 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 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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court. (v) The applicants 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 applicants 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 of B.N.S.S.
8.
In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 20.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad