Mo. Vasim Khan vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 110 of 2025

Mo. Vasim Khan

	Versus	.....Applicant(s)
State Of U.P. Thru. Prin. Secy. And Another	Home U.P. Lko.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Shashank Shukla, : G.A.	Prachi Shukla

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Heard learned counsel for the parties and perused the material placed on record.

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The present anticipatory bail application has been filed by the applicant in relation to Case Crime No. 1151 of 2011, under sections 406, 323, 379, 504 & 506 of the I.P.C., Police Station-Kotwali Nagar, District-Gonda.

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Vide order dated 24.01.2025, this Court had protected the interest of the applicant. The order dated 24.01.2025, referred, reads as under:-

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"Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 1151 of 2011, under sections 406, 323, 379, 504 & 506 of the I.P.C., Police Station-Kotwali Nagar, District-Gonda.

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The contention of learned counsel for the applicant is that the applicants is innocent and has falsely been implicated. He added the first information report is lodged in the year 2010 and the chargesheet has been filed and as such, there is no requirement of the custodial interrogation. He next added that the present first information report is lodged in retaliation to the first information report lodged against the complainant, who is son-in law of the applicant. He submits that the applicant has no previous criminal history and he had cooperated in the investigation proceedings and he undertakes that he will always remain present before the trial court, as and when required. Further submission is that there is an acute apprehension that the police will arrest the applicant and as such, he may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the

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ABAIL No. 110 of 2025

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submissions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant, Mo. Vasim Khan, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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(ii) that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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If steps are taken, office shall proceed accordingly.

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List/put up this matter in the third week of February, 2025.

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In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. "

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It has been submitted that charge sheet has been filed and the trial has been commenced.

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The learned AGA has failed to demonstrate that there is any adversarial fact to the facts which have been pleaded in the bail application. This Court finds that the applicant was enlarged on interim bail after thorough considering the merits of the case. The learned AGA has also failed to point out any fact on which basis it can be inferred that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact

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ABAIL No. 110 of 2025

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which can adversely affect the merit of the case.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant- Mo. Vasim Khan till disposal of the trial subject to the following conditions:-

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

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(ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/intimidate the prosecution witness.

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