Arif Anwar Hashmi vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:46532

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2097 of 2025

Applicant :- Arif Anwar Hashmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Manoj Kumar Misra, learned counsel for the applicant, Shri V.K. Shahi, learned A.A.G. assisted by Shri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.122 of 2024 under Sections 120, 447, 467, 468, 471 I.P.C. and 2/3 of Prevention of Damages to Public Property Act registered at Police StationSadulla Nagar District- Balrampur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.10.2024 against the applicant and his unnamed associates, stating that the informant- Sub-Inspector himself examined the revenue records and came to know that the applicant had got Naveen Parti land recorded in the name of his private Institution Kisan Vidyalaya, Babuani from the Consolidation Court. A revision was filed against the aforesaid order which was allowed by means of an order dated 08.04.2024 passed by the Additional District Magistrate, Finance/Revenue/Deputy Director Consolidation, Balrampur.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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The applicant's involvement in 22 other criminal cases has been disclosed in para-43 of the bail application. In two cases, the applicant's arrest has been stayed by this Court, in one of the cases he has been discharged and except for the case under the Gangsters Act, the applicant has been released on bail in all the other cases.

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The applicant's involvement in 11 more cases has been disclosed in para-41 of the bail application in which his name is either been expunged by the Investigating Officer or a closure Report submitted in the matter or the applicant stands acquitted.

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The learned counsel for the applicant has submitted that the revisional order mentioned in the FIR, which forms basis of lodging of the FIR, has been challenged by the Committee of Management, A.G. Hashmi Inter College Association by filing Writ - B No.460 of 2024 in this Court in which an interim order dated 27.05.2024 has been passed directing the parties to maintain status-quo regarding the property in dispute.

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He has submitted that the when the validity of the revisional order is subjudice before this court and an interim order has already been passed in that case, the applicant's incarceration in the meanwhile, does not appear to be proper.

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The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation and a copy of charge-sheet dated 02.01.2025.

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Learned AAG has opposed the bail application and he has submitted that the allegations have been established during investigation and it is only thereafter that the charge-sheet has been submitted.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR has been

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lodged by a Sub-Inspector of Police after inspection of revenue/Consolidation records on his own; the order passed by consolidation Court which forms basis of the lodging of the FIR, is subjudice in a writ petition pending before this Court in which an interim order has already been passed by a Coordinate Bench of this Court; the applicant is languishing in jail since 09.10.2024 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

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Accordingly, this bail application stands allowed .

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Let the applicant- Arif Anwar Hashmi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.

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[Subhash Vidyarthi, J.]

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Order Date :- 8.8.2025 -Amit K-

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

Arif Anwar Hashmi v. State of U.P. Thru. Prin. Secy. Home Lko.

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Arif Anwar Hashmi v. State of U.P. Thru. Prin. Secy. Home Lko.

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