Adeel Mirza v. State Of U.P. Thru. Addl. Chief Prin. Secy

Applicant :- Adeel Mirza Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 376 of 2021 under sections- 419, 420, 467, 468 and 471 of IPC P.S.- Wazirganj District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is the marginal witness and there is no cogent piece of evidence against him. He also submits that the applicant is cooperating in the investigation proceedings and he is law- abiding citizen.

Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph 24 of the bail application and he undertakes that he will always remain present before the Investigating Officer as and when required. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Adeel Mirza shall be released forthwith, in case of his arrest 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:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of August, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. The applicant is directed to appear before the Investigating Officer on 08.07.2025 at 02.00 P.M. and subsequently, thereafter failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit. Order Date :- 25.6.2025 Mayank