Naseem Neta @ Naseem v. State of Up

Neutral Citation No. - 2024:AHC:115504

Court No. - 48

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4582 of 2024

Applicant :- Naseem Neta @ Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Mishra Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Sri Jai Prakash Mishra, learned counsel for the applicant; learned AGA for State and perused the material available on record.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Naseem Neta @ Naseem, in Case Crime No.60 of 2022, under Sections 34, 272, 273 IPC & Section 60(A) of the Excise Act, Police Station Phoolpur, District Azamgarh till the conclusion of trial before the court below.

There is allegation against the applicant that he helped the main accused, Nadeem, by introducing other co-accused to him for the purpose of making spurious liquor. After consuming the aforesaid liquor one person has died.

Learned counsel for the applicant submits that in the investigation conducted by the police, the role of the applicant has not been clearly found. He has been falsely implicated in this case on the allegation that the main accused Nadeem made a phone call to him and he gave him the mobile numbers of other co-accused. During investigation the Investigating Officer has not been able to find any call being made by the co-accused, Nadeem on the mobile phone of the applicant. He has no criminal antecedents. As yet no charge sheet has been submitted against the applicant. The applicant has been falsely implicated in this case. He has definite apprehension that he may be arrested by the police any time.