Anas Malik Vs State of U.P.

Neutral Citation No. - 2025:AHC:77069

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5605 of 2025

Applicant :- Anas Malik Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record.

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The present bail application has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 1300 of 2024, under Sections 318(4), 338, 336(3), 340(2), 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/7(1) of the State Emblem of India (Prohibition of Improper Use) Act, 2005, Police Station Kavi Nagar, District Ghaziabad.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant has never obtained security and undue benefits by falsely claiming himself to be the Chairman of the Human Rights Justice Commission/Niti Aayog, Uttar Pradesh. The applicant has never mentioned any letter pad in his name as the Chairman and has no information about the Staff Car Driver, Mahmmod and Personal Secretary, Saurav Chaudhary and Personal Security Officer (PSO), Wasim Khan during his tour. The applicant has never shown the seal and human rights on the letter pad. The applicant has never mislead any member of the public and earned any unfair money by fraudulently becoming the Chairman or committing forgery. The applicant has never taken any security for personal gain in any other district. The actual fact is that after the applicant had an altercation with a police employee of Kavinagar Police Station, a case has been registered by preparing fake evidence. There is no pubic independent witness against the applicant regarding the incident are interest witnesses of the prosecution. No illegal object has been recovered from the applicant in connection with the said case, whatever recovery has

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been shown is completely fake and fabricated with which the applicant has no connection or relationship. The applicant is languishing in jail since 01.01.2025. The applicant 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, the bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

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Considering all those 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.

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Accordingly, the bail application is allowed.

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

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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.

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

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Order Date :- 12.5.2025 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Anas Malik v. State of U.P.

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