High Court · 2025

Applicant :- Mohammad Kaif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Srivastava,Sayyed Farooq Ahmad,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Ghanshyam Shukla,Shalu Pandey Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Sayyed Farooq Ahmad, learned counsel for the applicant and Sri Ranvijay Singh, learned Additional Government Advocate for the State.

2. Learned counsel for the applicant has shown the copy of intimation dated 03.07.2025 whereby he has informed the learned counsel for the informant about the fact that he has mentioned the case but he is not appeared. By means of an order dated 01.07.2025, this court made it clarified that the present case will be taken up in the first round and shall not be adjourned.

3. The aforesaid intimation letter is taken on record.

4. As per learned counsel for the applicant, the present applicant (Mohammad Kaif) is languishing in jail since 03.12.2024 in Case Crime No.0280 of 2024, under Sections 87, 352, 351(3), 70(1) of B.N.S., 2023, Police Station- Malipur, District- Ambedkar Nagar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated on 01.11.2024 but the FIR has been lodged on 04.11.2024. In the impugned FIR, the general allegation has been levelled against four known accused persons and one unknown accused person. While recording her statement under Section 183 B.N.S.S., the prosecutrix has levelled allegation against three accused persons, namely, Mohammd Kaif (present applicant), Mudassar and Adil. After completion of the investigation, name of Mudassar has been deleted from the chargesheet. He has further submitted that one co-accused Mohd. Shoeb @ Soeb @ Sonu against whom no specific allegation has been levelled by the prosecutrix in her statement under Section 183 B.N.S.S., however, her statement recorded under Section 180 B.N.S.S. his name has also been indicated. The aforesaid co-accused Mohammad Shoeb @ Soeb @ Sonu has been granted anticipatory bail by this Court vide order dated 27.03.2025 in Crl. Misc. Anticipatory Bail Application U/S 482 BNSS No.279/2025.

6. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

7. Per contra, Sri Ranvijay Singh, learned Additional Government Advocate has opposed the aforesaid bail but did not dispute the aforesaid contentions of learned counsel for the applicant.

8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the general allegation has been levelled against four known accused persons and one unknown accused person, co-accused Mohammad Shoeb @ Soeb @ Sonu has been granted anticipatory bail by this Court vide order dated 27.03.2025 in Crl. Misc. Anticipatory Bail Application U/S 482 BNSS No.279/2025, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant (Mohammad Kaif) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 9.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA REENA KANNAUJIYA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

Applicant :- Mohammad Kaif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Srivastava,Sayyed Farooq Ahmad,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Ghanshyam Shukla,Shalu Pandey Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Sayyed Farooq Ahmad, learned counsel for the applicant and Sri Ranvijay Singh, learned Additional Government Advocate for the State.

2. Learned counsel for the applicant has shown the copy of intimation dated 03.07.2025 whereby he has informed the learned counsel for the informant about the fact that he has mentioned the case but he is not appeared. By means of an order dated 01.07.2025, this court made it clarified that the present case will be taken up in the first round and shall not be adjourned.

3. The aforesaid intimation letter is taken on record.

4. As per learned counsel for the applicant, the present applicant (Mohammad Kaif) is languishing in jail since 03.12.2024 in Case Crime No.0280 of 2024, under Sections 87, 352, 351(3), 70(1) of B.N.S., 2023, Police Station- Malipur, District- Ambedkar Nagar. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

5. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated on 01.11.2024 but the FIR has been lodged on 04.11.2024. In the impugned FIR, the general allegation has been levelled against four known accused persons and one unknown accused person. While recording her statement under Section 183 B.N.S.S., the prosecutrix has levelled allegation against three accused persons, namely, Mohammd Kaif (present applicant), Mudassar and Adil. After completion of the investigation, name of Mudassar has been deleted from the chargesheet. He has further submitted that one co-accused Mohd. Shoeb @ Soeb @ Sonu against whom no specific allegation has been levelled by the prosecutrix in her statement under Section 183 B.N.S.S., however, her statement recorded under Section 180 B.N.S.S. his name has also been indicated. The aforesaid co-accused Mohammad Shoeb @ Soeb @ Sonu has been granted anticipatory bail by this Court vide order dated 27.03.2025 in Crl. Misc. Anticipatory Bail Application U/S 482 BNSS No.279/2025.

6. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly.

7. Per contra, Sri Ranvijay Singh, learned Additional Government Advocate has opposed the aforesaid bail but did not dispute the aforesaid contentions of learned counsel for the applicant.

8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the general allegation has been levelled against four known accused persons and one unknown accused person, co-accused Mohammad Shoeb @ Soeb @ Sonu has been granted anticipatory bail by this Court vide order dated 27.03.2025 in Crl. Misc. Anticipatory Bail Application U/S 482 BNSS No.279/2025, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the bail application is allowed.

10. Let the applicant (Mohammad Kaif) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 9.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA REENA KANNAUJIYA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench