Allahabad High Court
Irshad Ahmad vs State Of U.P. And Another on 7 March, 2025
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:33835 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11245 of 2023 Applicant :- Irshad Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Intekhab Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 737 of 2020, under Sections 419, 420, 467, 468, 471, 323, 504, 506, 384 I.P.C., Police Station Cantt., District- Varanasi, during the pendency of trial.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the tenant of the opposite party no.2. The applicant had instituted a civil suit in the year 2006 in the court of Civil Judge (Junior Division), Varanasi, bearing Civil Suit No.163 of 2006 (Irshad Ahmad vs. Smt. Bibbi and others) for restraining the opposite party no.2 and his family members from interfering in the possession of the applicant in the disputed property. In the said suit an interim order in favour of applicant has been passed. In order to harass the applicant the instant prosecution has been instituted. Further, the applicant had not applied for any gun license at the aforesaid premises. During the pendency of investigation the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 3.2.2021 passed in Criminal Misc. Anticipatory Bail Application No.545 of 2021. The co-accused Aiyaz Ahmad has been granted anticipatory bail by this Court vide order dated 20.02.2025 passed in Criminal Misc. Anticipatory Bail Application No.12170 of 2024. The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The criminal history of the applicant has been explained in paragraph No.35 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he 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 by counsel for the applicant, considering the nature of accusations, and the fact that the case is purely civil in nature. The applicant had already filed a civil suit against the opposite party no.2. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 01.11.2023. The applicant had cooperated in the investigation and no custodial interrogation is required. The co-accused Aiyaz Ahmad has been granted anticipatory bail by this Court vide order dated 20.02.2025. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicant Irshad Ahmad, 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 applicant shall make himself available on each date fixed in the matter 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 from disclosing such facts to the Court;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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.
Order Date :- 7.3.2025 Manish Kr