Mahboob Alam Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Neutral Citation No. - 2025:AHC-LKO:37015

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Court No. - 14

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 759 of 2025

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Applicant :- Mahboob Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Mohd. Taufiq Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.43 of 2025 under sections 191(2), 191(3), 190, 352, 131, 333, 109(1), 324(2), 351(3) BNS, P.S. Delhupur, district Pratapgarh.

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2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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3. It is alleged in the first information report that the named accused persons are co-sharers of bhumidhari land of gata No.921. The partition suit has been decided. However, in order to take possession of land which is in part of the complainant, on 5.5.2025 at about 7.00a.m., the accused persons tried to erect pole in the land belonging to the complainant which was opposed by the complainant side. However, by deceiving the complainant, they have been successful to erect the pole in the land of the complainant. On 15.5.2025, the accused persons with common intention while hurling abuses chased the complainant and his family members with a licensed rifle of their father. The accused came inside the house of the complainant and have beaten with kicks and fits etc.

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4. Learned counsel for the applicant submits that the co-accused Mohd. Imran, Mohd. Afsar and Mohd Azaz Ahmad who were assigned the main role as per first information report have been

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granted bail by court below vide order dated 19.6.2025 passed in Bail No.2065 of 2025, filed as Annexure No.3 to the bail application. The wife of the applicant Mahjabi alias Mahira has been granted anticipatory bail vide order placed on record as Annexure No.4 to the bail application. The applicant is the father of the co-accused Imran who has been granted bail by the court below.

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It is next submitted that the allegation has been levelled against nine accused persons to have caused injuries to the innured, however, a perusal of the injuries suffered by the injured shows that the injuries are simple and exaggeration has been made in the prosecution case. It is submitted that presently, the suit for division of the property between the parties is pending before the Commissioner, Prayagraj. It is further submitted that no case under section 198 B.N.S. is made out against the applicant. The applicant has explained the criminal history of one case in para 18 of the bail application.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

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5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant.

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6. Considering the above aspects of the matter, the fact that the applicant has explained criminal history of one case, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, nature of injuries received by the injured, the fact that the wife of the applicant Mahjabi alias Mahira has been granted anticipatory bail vide order placed on record as Annexure No.4 to the bail application, partition suit is pending adjudication, investigation is going on, and without entering into the merit of the case, it would be

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appropriate to grant protection to the applicant.

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7. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer.

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8. The applicant shall cooperate in the investigation/trial and he will not influence the witnesses.

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In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law.

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9. The application is allowed accordingly.

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Order Date :- 1.7.2025 kkb/

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

Mahboob Alam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Mahboob Alam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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