Samiullah Ansari v. State of U.P. Thru. Addl. Chief Secy. Home Lko,

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2494 of 2023 Applicant :- Samiullah Ansari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko, Counsel for Applicant :- Mohemmed Amir Naqvi,Amjad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amjad Siddiqui, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 267 of 2016, under Sections 13(1) (C&D) r/w 13(2) P.C. Act, 1988. Police Station Kotwali District Kanpur Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.09.2016 against seven persons, including the applicant, alleging that a property entered in the Waqf Register was wrongfully deleted therefrom by means of an order dated 26.08.2000. The applicant was working as the controllar of Waqf at the relevant time. The learned counsel for the applicant has submitted that the order dated 26.08.2000 was recalled on 04.09.2000.

¶4In the affidavit filed in support of the application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in two other cases has been disclosed in para 31 of the affidavit filed in support of the application, in both of which he has been granted bail.

¶5Two co-accused persons, namely, Abdul Wahid and Arshad Rasheed Khan, who were working as a member of the Sunni Central Waqf Board and CEO of the Board respectively have been granted anticipatory bail by means of orders dated

21.04.2022 & 01.03.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application Nos. 159 of 2022 & 562 of 2023 respectively.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Samiullah Ansari before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

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

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 6.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench