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2025 DAILYLAW 9611 (ALL)

ASHRAF ALI v. State of UP

ABAIL/866/2024 · 2025-09-21

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 866 of 2024 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Ms. Sujata Choudhary, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.40 of 2019, under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(1)C Anti Corruption Act, Police Station E.O.W., District Meerut, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been roped in the present matter. 4. She next summits that instant anticipatory bail application is pending since the year 2024, a report was called from the court concerned, which is on record and from its perusal, it reflects, investigation has been completed. 5. She next submits that vide order dated 16.12.2024 after considering the entire facts of the case in detail, Co-ordinate Bench of this Court release the applicant on interim anticipatory bail either till the next date of listing or till submission of police report under Section 173(2) Cr.P.C. whichever is earlier. 6. She next submits that as investigation of the case has been completed, therefore, even custodial interrogation of the applicant is not required. She further submits, therefore, interim anticipatory bail granted to the applicant vide order dated 16.12.2024 may be confirmed. Versus Counsel for Applicant(s) : Mohit Kumar Singh, Sujata Choudhary Counsel for Opposite Party(s) : G.A. Ashraf Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned A.G.A. however opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for applicant. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegation, applicant committed the offence of misappropriation of public fund but it reflects, on 16.12.2024 he has been enlarged on interim anticipatory bail. 10. Further, investigation of the case has already been completed, therefore, custodial interrogation of the applicant is not required. 11. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 16.12.2024 is hereby confirmed. The applicant -Ashraf Ali shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 16.12.2024. 12. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 13. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Zafar ABAIL No. 866 of 2024 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad