Tabrez Khan Vs State of U.P.

Neutral Citation No. - 2025:AHC:5392

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11903 of 2024

Applicant :- Tabrez Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Dev Singh,Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A.

¶5

Hon'ble Deepak Verma,J.

¶6

Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

¶7

The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.382 of 2024, under Sections 115(2), 352, 351(2), 331(6), 191(2) BNS, P.S.Maudaha, District Hameerpur.

¶8

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. On perusal of contents of F.I.R., no offence is made out against the applicant. The investigation is going on and the applicant would co-operate with the investigation. It is next submitted that co-accused Asif Khan has been granted interim anticipatory bail by this Court vide order dated 20.12.2024 passed in Crl. Misc. Anticipatory Bail Application No.12191 of 2024 and the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

¶9

Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

¶10

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant

¶11

is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

¶12

Let the applicant Tabrez Khan who is involved in the aforesaid crime, be released on anticipatory bail till the submission of police report under Section 193(3)(i) B.N.S.S. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

¶13

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

¶14

(ii) 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 from disclosing such facts to the Court or to any police officer;

¶15

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

¶16

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶17

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶18

The application stands allowed .

¶19

Order Date :- 10.1.2025 Meenu Singh

¶20

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

Tabrez Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tabrez Khan 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

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases