Abdul Kadir Alias Kadir v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:190258

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11478 of 2024

Applicant :- Abdul Kadir Alias Kadir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Srivastava,Sunil Kumar Saroj

Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel for applicant and perused the record.

This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 399 of 2024, under Sections 318(2), 338, 336(3), 340(2), 61(2), 317(5), 111, 336(1) of Bhartiya Nyay Sanghita, Police Station- Kotwali, DistrictMuzaffarnagar.

Learned counsel for accused-applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number. The accused-applicant has criminal antecedent of one case in which the applicant has been acquitted by the learned trial court vide order dated 07.10.2024.The applicant use to do work of providing loan to people for purchasing vehicle. The applicant is not named in the FIR. His name disclosed in the statement of one of the arrested accused, namely, Gulbahar. There is no independent witness of the said incident. He further submits that there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.