Liyakat Ali vs State of U.P.

Neutral Citation No. - 2025:AHC:33009

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1895 of 2025

Applicant :- Liyakat Ali Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Rakesh Singh Yadava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA and perused the material available on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 179 of 2024, under section 105 BNS, Police Station Sadat, District- Ghazipur.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 17.12.2024. The first information report has been lodged on 27.12.2024. The delay is fatal to the prosecution case. No postmortem of the deceased was conducted. The cause of death of the son of the informant could not be ascertained. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of the police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the first information report has been lodged belatedly, postmortem has not been conducted, at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be

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enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Liyakat Ali be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:

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

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

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(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.

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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.

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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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 7.3.2025 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Liyakat Ali v. State of U.P.

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