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2026 DAILYLAW 9016 (ALL)

ABDUL JABBAR SIDDIQUI @ ABDUL JABBAR v. STATE OF U.P. AND ANOTHER

NABAIL/9619/2026 · 2026-09-22

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9619 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Abdul Jabbar Siddiqui @ Abdul Jabbar in Case Crime No. 295 of 2009, under Sections 406, 409, 420, 467, 468, 471, 120B I.P.C. and Section 13(2) Prevention of Corruption Act, Police Station - Mangalpur, District - Kanpur Dehat. 2. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that applicant is a private person and it is alleged that applicant was agent and has got loan sanctioned from the bank under government scheme. It is submitted that loan was sanctioned in the year 1999 and the First Information Report was lodged in the year 2009. It is submitted that charge sheet has been submitted on 31.8.2021 and cognizance has been taken on 27.4.2023 and there is no requirement of custodial interrogation in the facts and circumstances of the case. The material has already been submitted before the investigating agency by the prosecution. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his/her arrest by the police any time.The applicant has no criminal history. 4. Learned A.G.A. opposed the prayer but does not dispute the factual matrix. Versus Counsel for Applicant(s) : Nagendra Krishna, Pavan Kumar Counsel for Opposite Party(s) : G.A. Abdul Jabbar Siddiqui @ Abdul Jabbar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. It is to be seen that in the present case the alleged occurrence is of the year 1999 and the first information report has been lodged in the year 2009. 6. The Hon'ble Supreme Court by order dated 9.3.2026 passed in Criminal Appeal No.1218 of 2026 (arising out of SLP (Crl.) No.11452 of 2025), Veena Devi Vs. The State of Bihar has held that where the offence was committed 16 years prior to the lodging of the first information report, there is no ground for custodial interrogation. Para 6 of the aforesaid judgment is quoted hereunder:- "6. As the subject FIR registered in the year 2024 relates to an offence allegedly committed 16 years prior thereto, we are of the opinion that no grounds are made out for custodial interrogation of the appellant at this stage." 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 8. In view of the above, the applicant is granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicant, he shall be released on anticipatory bail on his/her furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police office as and when required. (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 from disclosing such facts to the Court or to any police office. NABAIL No. 9619 of 2026 2 (iii) The applicant shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicant shall cooperate with the investigation and make himself/herself available for interrogation whenever required. (vi) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicant shall maintain law and order. (viii) The applicant shall at the time of execution of the bond, furnish his address and mobile number to investigating officer, and the court concerned. (ix) The applicant shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicant or his counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law. 9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant. 10. With the directions made above, the anticipatory bail application stands allowed. September 23, 2026 D. Tamang NABAIL No. 9619 of 2026 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad