Mohd. Naushad Khan @ Sabi Khan Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

Heard Sri Rajiva Dubey, the learned counsel for the applicant, Sri Virendra Kumar, the learned A.G.A.-I appearing on behalf of the State and perused the records.

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The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 22.01.2025:

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"1. Heard Sri Rajiva Dubey, learned counsel for the applicant and Sri Ran Vijai Singh, learned AGA for the State.

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2. At the very outset, learned counsel for the applicant has requested that he may be permitted to implead the informant as opposite party no.2 during the course of the day.

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3. On the aforesaid request, Sri Dubey is permitted to implead the informant as opposite party no.2 with complete detail during the course of the day.

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4. Issue notice to the newly impleaded opposite party no.2 returnable at an early date.

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5. Steps within a week. Office to proceed accordingly.

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ABAIL No. 96 of 2025

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2

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6. As per learned counsel for the applicant, the present applicant is apprehending her arrest in Case Crime No.367 of 2023, under Sections 147, 306, 504 & 506 IPC, Police Station- Dargah Shareef, District- Bahraich.

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7. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. The present applicant is elder sister-in-law (Sali) of the deceased and there is no overt act on her part to instigate or abet the deceased to commit suicide. Learned counsel has further submitted that the death occurred in the house of the deceased and the present applicant is no way involved in committing offence. Further, there is matrimonial dispute in between the parties and several cases were instituted and therefore, being inimical, she has been implicated in the present matter. He has also submitted that the applicant has no previous criminal history. This Court has granted interim anticipatory bail to co-accused Mohammad Hasib Khan vide order dated 05.11.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2475 of 2024, therefore, on the basis of principles of parity, the present applicant may be granted similar benefit. She undertakes that since the investigation is going on, therefore, she shall cooperate in the investigation and shall not misuse the liberty of anticipatory bail, therefore, her liberty may be protected in the in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98.

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8. Matter requires consideration.

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9. Let counter affidavit be filed by the opposite parties.

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10. List and connect with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2475 of 2024.

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11. Till the next date of listing, it is directed that in the event of arrest, applicant- Smt. Rabiya shall be released on interim anticipatory bail in the aforesaid case crime number on her

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ABAIL No. 96 of 2025

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furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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I. that the applicant shall make herself available for interrogation by a police officer as and when required;

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II. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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III. that the applicant shall not leave India without the previous permission of the court;

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IV. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant;

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V. that the applicant shall not pressurize/ intimidate the prosecution witness."

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The office has reported that the notice issued to the opposite party no.2 has been served, but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application.

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No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench.

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In view of above, the interim order dated 22.01.2025 is made . absolute and the anticipatory bail application is allowed

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(Subhash Vidyarthi,J.)

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September 17, 2025 Ram.

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

Mohd. Naushad Khan @ Sabi Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

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Mohd. Naushad Khan @ Sabi Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko.

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