Furkan Ahmad vs State of U.P. Thru. Secy. Home Deptt. Govt. Lko

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Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 426 of 2025 Applicant :- Furkan Ahmad Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko

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Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard Mr. Akash Deep Singh, Advocate holding brief on behalf of Mr. Mohd. Salman, learned counsel for applicant and learned A.G.A. for State-opposite party no.1.

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Learned counsel for applicant is granted liberty to implead the informant as opposite party No.2 and to re-number the opposite parties during course of day.

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Issue notice to newly impleaded opposite party No.2.

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First anticipatory bail application has been filed with regard to case crime No. 128 of 2024, under Sections 420, 406, 411, 465, 467, 468, 471 IPC, P.S. Hathigawan, District Pratapgarh.

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As per contents of F.I.R., one Umesh Kumar @ Kallu Saroj allegedly approached the informant for hire on a tractor and an agreement dated 29.10.2023 was also executed between the two but upon completion of the term of contract, the tractor was not returned and thereafter the applicant being knowledge of a gang which obtained possession of tractors and subsequently sold them.

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Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that he is neither nominated in the FIR nor has any allegation been made against him and that his name has been introduced only on the basis of alleged confessional statement of co-accused. It is submitted that there is no recovery against applicant who undertakes to co-operate during investigation since charge-sheet has not yet been filed.

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Learned A.G.A. has opposed bail application with submission that applicant's name has been introduced on the basis of confessional statement of co-accused. It is also submitted that applicant is not co-operating in the investigation. It is, however, admitted that previous criminal history of five cases of applicant have been explained.

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Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that applicant has neither been nominated in the FIR nor any allegation has been levelled against him and his name has been introduced on the basis of confessional statement of co-accused. Investigation is still ongoing in which applicant undertakes to co-operate.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.

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Let the accused-applicant Furkan Ahmad as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

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(i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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(ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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List this case on 07.07.2025, as fresh alongwith service report.

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Objection may be filed in the meantime.

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Learned AGA shall obtain instructions by next date of listing with regard to co-operation of applicant in investigation.

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Order Date :- 21.5.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Furkan Ahmad v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko

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Furkan Ahmad v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko

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