Allahabad High Court
AKRAM ALI ALIAS BHAMBU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicants.
Summary
The High Court considered an anticipatory bail application filed under Sections 318(4), 338, 336(3), 351(2) and 340(2) of the B.N.S., 2023 in a property fraud case. The applicants, Akram Ali alias Bhambu and Mahboob Ahmad, were not named in the FIR and were described as marginal witnesses to an unregistered agreement to sell property on a Rs.100 stamp paper. Their criminal histories, comprising three and four prior cases respectively, were explained and they were not previous convicts. The State opposed bail but did not dispute the applicants' explanation of their past cases. After evaluating the facts, the Court found no substantive basis to deny bail and ordered that anticipatory bail be granted with standard conditions, reserving the right to cancel if breached.
Issues considered
- Whether anticipatory bail can be granted to persons not named in the FIR but alleged to be marginal witnesses.
- Whether the applicants' prior criminal history precludes the grant of anticipatory bail.
- Whether the nature of the alleged offence (property fraud) warrants denial of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 318(4), 336(3), 338, 340(2), 351(2)
Subjects
- anticipatory bail
- FIR
- marginal witness
- criminal history
- property dispute
- stamp paper
- bail conditions
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 7945 of 2026
Akram Ali Alias Bhambu And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Shaafi, Shujauddin
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicants; and Learned AGA
for the State.
2. The present anticipatory bail application has been filed on
behalf of the applicants in Case Crime No.188 of 2026, under
Section 318(4), 338, 336(3), 351(2), 340(2) of the B.N.S., 2023,
Police Station - Civil Lines, District Rampur, with a prayer to
enlarge them on anticipatory bail, as the applicants apprehend
their arrest in the aforesaid case.
3. The learned counsel for the applicants contends that the
applicants were not named in the First Information Report (FIR).
The allegations made in the FIR by Sayyad Saif Maqsood is
against his real brother Sayyad Ali Faisal and his wife and some
unknown persons of fraudulently executing agreements to sell on
a stamp paper of Rs.100/- for the property in dispute which
supposedly belongs to the informant also.The applicant No. 1 has
a criminal history of three cases and the applicant No. 2 has a
history of four cases. All the cases have resulted in closure and
the applicants are not previous convicts. They are only stated to
be marginal witnesses of one of such unregistered documents
purporting to be an agreement to sell.
4. Learned A.G.A. has opposed the prayer for grant of
NABAIL No. 7945 of 2026
2
anticipatory bail, however, does not dispute that the case of the
applicants stands on different footing to that of the co-accused
Sayyad Ali Faisal. The Learned AGA has not disputed the
explanation given by the applicants with respect to the criminal
history.
5. I have considered the submissions made by the Learned
counsel for the parties.
6. The applicants are not named in the FIR. They are stated to be
marginal witnesses of an unregistered agreement to sell said to
have been executed on a stamp paper of Rs.100/-. The primary
allegations are against the co-accused Sayyad Ali Faisal and his
wife. The applicants are not the beneficiary to the alleged
transactions. The criminal history of the applicants has been
satisfactorily explained and they are not previous convicts.
7. Taking into consideration the entire facts and circumstances of
the case, as discussed above, I deem it appropriate to enlarge the
applicants on anticipatory bail.
8. The anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicants- Akram Ali alias
Bhambu and Mahboob Ahmad, involved in the aforesaid case
crime, they shall be released on anticipatory bail, on their
furnishing a personal bond and surety in the like amount to the
satisfaction of the Station House Officer of the police
station/Court concerned, with the following conditions:-
i. The applicants shall make themselves available for
interrogation by a police officer as and when required;
ii. The applicants 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;
iii. The applicants shall not leave India without the previous
NABAIL No. 7945 of 2026
3
permission of the Court;
iv. The applicants shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court
concerned shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are
exclusively for deciding the instant anticipatory bail application
and are not to be considered to be an opinion on the merits of the
case.
September 8, 2026
Kushal
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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