SEBU ALIAS ASIF AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/7640/2025 · 2025-09-23
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97460 (ALL) · dailylaw.ai ]
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. - 7640 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants, as well as Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 795 of 2019, under Sections 147, 148, 149, 283, 332, 353, 336, 342, 436, 307, 188 IPC and Section 3/4 Prevention of Damages to Public Property Act, Police Station Rasoolpur, District Firozabad. 3. Counsel for the applicants contends that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants surfaced during the course of investigation. Vague and general allegations have been made against the applicants. At this stage there is no credible evidence to link the applicants with the offence. Identically placed co-accused Nadeem has been granted anticipatory bail by this Court vide order dated 23.09.2025 passed in Criminal Misc. Anticipatory Bail Application No. 7766 of 205. The applicants claim parity. Investigation has been completed. Charge sheet has been filed. The applicants had co-operated in Versus Counsel for Applicant(s) : Pradeep Kumar Yadav Counsel for Opposite Party(s) : G.A. Sebu Alias Asif And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, in particular the fact, that the applicants ware not named in the first information report; the name of the applicants surfaced during the course of investigation; vague and general allegations have been made against the applicants; identically placed co-accused Nadeem has been granted anticipatory bail by this Court; at this stage, there is no substantive evidence to link the applicants with the offence, charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Sebu @ Asif and Shahrukh @ Shahrukh Ali @ Sukkhi involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 applicants shall make themself available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court;
NABAIL No. 7640 of 2025 2
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 24, 2025 Lbm/- NABAIL No. 7640 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad