Abdul Hameed @ Hamid vs State of U.P. and Another

Heard Shri Abhinav Shukla, holding brief of Shri Ram Shiromani Shukla, learned counsel for the applicant, Shri Uma Shanker Mishra, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no.344 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 66 I.T. Act, Police Station Prem Nagar, District Bareilly, with the prayer that in the event of arrest, applicant may be released on bail.

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At the very outset, learned AGA submits that he has not received instructions in the matter as yet.

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It is contended by learned counsel for the applicant that the name of the applicant has surfaced in the confessional statement of arrested co-accused Abdul Rajjak and Musharraf. It is further submitted that the applicant is having no criminal history and the first information report discloses commission of cyber fraud. 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 cooperate with the investigation and would obey all conditions of bail.

¶14

On the other hand, learned A.G.A. submits that he has not received instructions as yet.

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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

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NABAIL No. 752 of 2026

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2

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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.

¶19

In the event of arrest of the applicant- Abdul Hameed @ Hamid involved in the aforesaid case crime shall be released on interim anticipatory bail till 26.02.2026 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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List this case on 26.02.2026 as fresh at 02:00 P.M. in top twenty cases.

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Learned AGA is directed to obtain instructions in the matter by the next date.

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January 29, 2026 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Abdul Hameed @ Hamid v. State of U.P. and Another

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Abdul Hameed @ Hamid v. State of U.P. and Another

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