Mohammad Tabsheerul Arifeen vs State of U.P.

Neutral Citation No. - 2025:AHC:43068

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1957 of 2025

Applicant :- Mohammad Tabsheerul Arifeen Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Syed Azeem Uddin Counsel for Opposite Party :- G.A.

¶5

Hon'ble Ashutosh Srivastava,J.

¶6

Counter affidavit filed by learned AGA is taken on record.

¶7

Heard Shri Imran Ullah, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

¶8

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Mohammad Tabsheerul Arifeen, seeking enlargement on bail in Case Crime No. 335 of 2024, under Sections 178, 179, 180, 181, 182 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Civil Lines, District Prayagraj.

¶9

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.8.2024. Learned counsel for the applicant submits that as per the First Information Report dated 28.8.2024, two persons namely Mohd. Afzal and Mohd. Sahid were apprehended with 300 and 200 notes of Rs.100/- denominations, respectively. All the counterfeited currency recovered bore the same Sr. No. 979331. The aforesaid arrested persons took the Police to Jamia Habibiya Madarsa wherefrom one Zahir Khan was arrested from a room. In the said room, one laptop of HP Company (silver), one colour printer of HP company (Black), one keyboard (black), one mouse (black), two cutter blades, one scissor, two scale (ruler), one green shiny cello tape, 1300 fake currency notes of Rs.100/- each, 234 printed pages with notes printed on them, 2 original notes of Rs.100/-. The applicant's presence was also shown in the said room. It is submitted that the applicant is Principal of Madarsa and he had given the said room on rent to Zahir Khan, who is resident of Orissa. It is also submitted that the applicant merely holds the

¶10

position of honorary principal of the said Madarsa and he assumed this position after the demise of his father in the year 2021, who was the former Principal of the Madarsa. He does not hold any substantial role in managing the Madarsa day to day affairs and stated to have been appointed only in a ceremonial capacity. He is suffering from medical condition of dementia for the last more than 14 years. The presence of the applicant in the room in question is also denied. It has also been submitted that there is an error in the recovery memo as regards the currency notes recovered, which is stated to be 800 notes as against 1300 mentioned. Learned counsel for the applicant submits that paper used for printing counterfeited notes were of low quality and cannot be used for counterfeited notes. Charge-sheet in this case has also been submitted before the Court below. Whatever the recovery is possible the same has already been effected. The custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

¶11

Learned AGA has vehemently opposed the prayer for bail.

¶12

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

¶13

Accordingly, the bail application is allowed .

¶14

Let the accused-applicant, Mohammad Tabsheerul Arifeen , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable heavy sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

¶15

The applicant will not tamper with the evidence.

¶16

The applicant will not indulge in any criminal activity.

¶17

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶18

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

¶19

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

¶20

Order Date :- 13.2.2025 Ravi Prakash

¶21

(Ashutosh Srivastava, J.)

¶22

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Mohammad Tabsheerul Arifeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Tabsheerul Arifeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shyam Singh and 2 Others vs State of U.P.

Ankit vs State of U.P.

Azharuddin vs State of U.P. and Another

Anil Kumar Kushwaha vs State of U.P.

Gaurav vs State of U.P.

Smt. Maya Alias Lalani vs State of U.P. and Another