Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 87366 (ALL)

JAHIRUL ISLAM v. STATE OF U.P. AND ANOTHER

ABAIL/8399/2024 · 2025-07-06

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:107388 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8399 of 2024 Applicant :- Jahirul Islam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Akram,Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 0332 of 2020, under Sections 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Haldaur, District Bijnor, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. opposed the application for anticipatory bail. 5. This Court vide order dated 19.11.2024 has observed that in the month of May, 2023, non-bailable-warrant was issued against the applicant however learned counhsel for the applicant had stated that the conduct of the applicant has not been explained in the anticipat ory bail application and had sought time to explain the conduct of the applicant but till date no explanation has been submitted by the applicant's counsel. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. Order Date :- 7.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad