Mohd. Javed Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.128 of 2024 under Sections 420/406/411/465/467/468/471 I.P.C. registered at Police Station- Hathigaon, District- Pratapgarh.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2024 against two persons, not including the applicant, stating that the named accused Umesh Kumar had taken the complainant's tractor on hire but he sold away the tractor. During investigation, it came to light that three tractors have been sold away to the applicant and 10 tractors have been sold to one Wajid Raza.

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Learned counsel for the applicant submits that the co-accused, Rizwan @ Rizwan Ali, has already been granted anticipatory bail vide order dated 23.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 312 of 2025. It is further argued that no recovery has been effected from the applicant, nor has any witness named him in the alleged incident. The applicant’s name has emerged solely on the basis of an unidentified informant, whose statement is not part of the record. It is

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ABAIL No. 1337 of 2025

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2

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contended that applicant's case stands on a better footing than the coaccused, Rizwan @ Rizwan Ali. The applicant has also duly explained his criminal antecedents in respect of three cases in the supplementary affidavit.

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Learned A.G.A. has opposed the anticipatory bail application.

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Upon due consideration to the role attributed to the applicant and the coaccused, the explanation furnished regarding his criminal antecedents, the anticipatory bail granted to co-accused Rizwan @ Rizwan Ali as well as to other co-accused namely, Furkan Ahmad and Wajid Raza, and the undertaking furnished on behalf of the applicant to cooperate in the trial, this Court is of the view that the applicant has made out a case for grant of anticipatory bail, in light of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his cooperation during trial.

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In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

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(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;

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(ii) The applicant shall not travel outside India without prior permission from the Court;

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(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

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(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed .

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(Karunesh Singh Pawar,J.)

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December 2, 2025/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Javed v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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Mohd. Javed v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

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