GAYASUDDIN AND ANOTHER v. STATE OF U.P. AND ANOTHER
ABAIL/8159/2024 · 2025-05-25
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88592 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88592 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:89271 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8159 of 2024 Applicant :- Gayasuddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin,Fakhruddin Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Despite service of notice no one has appeared on behalf of informant even in the revised call.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. The present application has been moved seeking anticipatory bail in Criminal Complaint Case No. 365 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Siddharth Nagar, District Siddharth Nagar, with the prayer that in the event of arrest, applicants may be released on bail.
4. Learned counsel for the applicants submits that vide order dated 21.08.2024, applicants were granted interim anticipatory bail till the next date of listing. It has been argued by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above mentioned case, whereas there is no credible evidence against them. It was also submitted that applicants undertake to cooperate during investigation and trial and they would appear as and when required by the Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail.
6. 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.
7. 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, the present anticipatory bail application is finally disposed of with the direction that, in the event of arrest, the applicants- Gayasuddin and Ahmad, involved in the aforesaid case shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of the Court concerned the following conditions :- (i) The applicants shall attend the court proceedings as and when required. (ii) The applicants shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court officer or tamper with the evidence. (iii) The applicants shall cooperate during trial and would not misuse the liberty of bail.
8. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 26.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad