Arif Nasir Butt vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime No.- 320 of 2025, under Sections 204, 205, 318, 319, 336, 336(2), 338, 339, 3(5) of B.N.S. and Section 66C, 66D of IT Act and Section 3/4 of Emblems and Names (EMB) Act, 1950 of I.P.C., Police Station Phase-3, District Gautam Buddh Nagar, with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant was not named int he FIR and his name was surfaced in the confessional statement of co-accused. It is further submitted that from the possession of arrested co-accused persons some incriminating articles, mobile phone, cheque book, ATM card and pan card. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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On the other hand, learned AGA submits that he has not record.

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NABAIL No. 2743 of 2026

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The applicant was not named int he FIR and his name was surfaced in the confessional statement of co-accused. Some incriminating articles, mobile phone, cheque book, ATM card and pan card are said to be recovered from the possession of arrested co-accused persons.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the event of arrest of the applicant- Arif Nasir Butt involved in the aforesaid case crime shall be released on interim anticipatory bail till 22.04.2026 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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