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2025 DAILYLAW 98397 (ALL)

IQBAL ALIAS GUDDU AND ANOTHER v. STATE OF U.P. AND ANOTHER

ABAIL/9400/2024 · 2025-03-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41134 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9400 of 2024 Applicant :- Iqbal Alias Guddu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Tiwari,Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. At the outset, counsel for the applicants submits that the present application on behalf of applicant no.1 has been rendered infructuous. 3. Accordingly, the present application on behalf of applicant no.1 is dismissed as infructuous. 4. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 5. This application has been filed seeking anticipatory bail in Case Crime No.321 of 2024, under Sections 323, 504, 506, 447, 448, 326, 389 I.P.C., Police Station Chandpur, District Bijnor. 6. Counsel for the applicants submits that the applicant no.2 has been falsely implicated in the instant case. As per the medical report, the injuries sustained by the informant/injured were found simple in nature. No such incident as alleged had occurred. At this stage, there is no credible evidence to link the applicant with the offence. The applicant no.2 has no criminal antecedents. It is next submitted that the investigation is going on and the applicant no.2 has apprehension of her arrest in the above mentioned case. 7. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 8. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 9. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the injuries sustained by the informant/injured were found simple in nature. At this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 10. In the event of arrest, the applicant no.2- Rashida be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant no.2 shall make herself available for interrogation by a police officer as and when required; (ii) The applicant no.2 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 or to any police officer; (iii) The applicant no.2 shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her, before the S.S.P./S.P. concerned. 11. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 12. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant no.2. 13. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 14. The instant application with regard to applicant no.2 stands disposed of. Order Date :- 20.3.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad