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2025 DAILYLAW 96323 (ALL)

SHAKIR ALI v. STATE OF U.P. AND 2 OTHERS

NABAIL/7646/2025 · 2025-10-07

Yogesh Dubey Joint Registrar Judicial

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7646 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Om Narayan Mishra, holding brief of Sri Amitesh Kumar Mishra, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 1915 of 2009, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Bilaspur, District Rampur with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended 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. He further submits that no offence under the alleged Sections is made out against the applicant. It is further submitted that as per the FIR allegation against the applicant is that he introduced the first informant to other co-accused persons and showed them the plot, which was purchased by the first informant from other co-accused Manju Khan, Aslam Khan and Iqbal Khan and later on it transpired that the said land was a pond land registered in the revenue record. It is further submitted that a civil suit being O.S. No. 282 of 2010 is also pending before the competent Civil Court. It is further submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will Versus Counsel for Applicant(s) : Amitesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Shakir Ali .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the applicant is an active role in inducing the first informant to purchase the pond land and suffered huge loss. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the applicant is said to have introduced the first informant to other co-accused persons who sold the land to the first informant which later on turned out the pond land as recorded in the revenue record. The original suit regarding the said land is pending for consideration before the competent court. 7. 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, the 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. 8. 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 merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Shakir Ali involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 applicant shall not tamper with evidence and that he would appear NABAIL No. 7646 of 2025 2 before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 8, 2025 Abhishek NABAIL No. 7646 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad