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2025 DAILYLAW 90594 (ALL)

MOHAMMAD KAIF v. STATE OF U.P. AND ANOTHER

NABAIL/7109/2025 · 2025-09-08

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7109 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Copy of C.D. No.19 dated 4.7.2025 and C.D. No.24 dated 21.8.2025 produced by Sri Anupam Anand, learned Brief Holder for the State are taken on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 161 of 2025, under Sections 3(5), 118(1), 351(3), 352, 115(2), 109, 333, 190, 191(3), 191(2) B.N.S., Police Station- Sahaswan, District- Budaun. 3. At the outset, learned Brief Holder for the State submits that the investigation against the applicant is pending. The applicant is not cooperating in the investigation. He is absconding and evading the process of law. Consequently, non bailable warrant against the applicant was issued on 04.7.2025. Thereafter, proclamation under Section 84 B.N.S.S. has been issued on 21.8.2025. On that ground, he submits that the applicant is not entitled for anticipatory bail. 4. Heard counsel for the applicant, Sri Padmakar Pandey, counsel for the informant and learned Brief Holder for the State. Perused the record. 5. A perusal of C.D. No.19 dated 4.7.2025 and C.D. No.24 dated 21.8.2025 indicates that the investigation against the applicant is pending. The warrant against the applicant was issued on 04.7.2025. Thereafter, proclamation under Section 84 B.N.S.S. has been issued on 21.8.2025. The applicant is absconding and evading the process of law. The issuance of coercive measures against the applicant by the concerned court has also not been Versus Counsel for Applicant(s) : Mohamad Maszood, Shadab Ali Counsel for Opposite Party(s) : G.A., Padmaker Pandey Mohammad Kaif .....Applicant(s) State of U.P. and Another .....Opposite Party(s) disputed by the counsel for the applicant. 6. Since the applicant has remained out of reach of the investigating agency, such conduct of the applicant does not entitle him for grant of anticipatory bail. 7. The application is hereby rejected. September 9, 2025 Manish Kr NABAIL No. 7109 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad