High Court
Case Details
Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3575 of 2022 Applicant :- Mukeem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.,Bhavisya Sharma Hon'ble Mohd. Faiz Alam Khan,J.
Legal Reasoning
Heard Shri V.M. Zaidi, learned senior counsel assisted by Shri Mool Chandra Maurya, learned counsel for the applicants and Shri the informant/opposite party no.2 as well as learned A.G.A. for the State and perused the record. Bhavisya Sharma, learned counsel for The present anticipatory bail application has been moved by the accused/applicants - Mukeem, Smt. Ajara, Irphan and Mujeem Khan in case Crime No. 246 of 2021, under Sections 419, 420, 467, 468, 471, 506, 120-B IPC, Police Station Sahawar, District Kasganj, with the prayer to grant them anticipatory bail as they are apprehending arrest in the above- mentioned case. Learned Senior Counsel while drawing the attention of this Court towards the first information report lodged by opposite party no.2 against the applicants, submits that the alleged illegal act of manufacturing sale deed by using photograph of the informant is stated to be of the year 2011 and the first information report of this case was lodged on 17.7.2021 i.e. after the lapse of 10 years and no reasonable explanation of such a huge delay in lodging the FIR has been given either in the FIR or in the statement of witnesses. It is further submitted that even if the case of the prosecution, as is emerging from the FIR and in the statements of the prosecution witnesses, is taken on its face no wrongful loss is emerging to the informant and keeping in view the statements of prosecution witnesses and allegations of FIR, it may only be a case of attempt. It is further submitted that the applicants are ready to cooperate in the investigation and shall remain present before the Investigating Officer as and when required and they are having deep roots in the society and there is no apprehension that after being granted protection from arrest they may flee from the course of law or may otherwise misuse the protection, thus protection from arrest be granted. Learned counsel for the informant/ opposite party no.2 vehemently opposes the prayer of the applicants on the ground that the applicants are habitual offenders and after lodging FIR of the instant case one of the accused persons, namely, Mujeem Khan has been involved in another case of the similar nature lodged by the informant and therefore the applicants are not entitled for any protection. Learned AGA, on the other hand, submits that applicants are accused of heinous offences and they are not entitled for any protection. Having heard learned counsel for the parties and having perused the record, it is evident that the criminal history of the applicant Mujeem Khan is pertaining to the Case Crime No. 0116 of 2022 registered at Police Station Patiyali, District Kasganj and it is with regard to the same house and by same informant pertaining to which instant FIR has been lodged. Perusal of record would also reveal that incident of allegedly manufacturing a forged unregistered sale deed is stated to be of the year 2011, however the FIR pertaining to the same has been filed in the year 2022 and there is no explanation in the FIR or in the statements of witnesses, as to why such huge delay had occurred. It is vehemently submitted by learned counsel for the applicants that the applicants are ready to cooperate in the investigation and there is no apprehension that after being granted protection from arrest they may flee from the course of law or may otherwise misuse the liberty. No wrongful loss has occurred to the informant. In the considered opinion of this Court and Keeping in view of the law laid down by the Hon'ble Supreme court in Gurbakhs Singh Sibbia vs. State of Punjab; (1980)2 SCC 655, Siddharam Satlingappa Mhetre v. State of Maharashtra 2011)1 SCC 694, Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 and Nathu Singh Vs. State of U.P. and others (2021)6 SCC 64, the protection from arrest, till submission of police report under Section 173(2) Cr.P.C. may be granted to the instant applicants. Thus, the anticipatory bail application moved on behalf of the applicants is disposed of with a direction that till submission of police report under Section 173(2) Cr.P.C., in the event of arrest of applicants- Mukeem, Smt. Ajara, Irphan and Mujeem Khan in the above noted case, they shall be released forthwith, on anticipatory bail on their furnishing personal bonds of Rs. 25,000/- with two sureties each of like amount to the satisfaction of Investigating Officer/ Station House Officer of police station/trial court concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by the police officer as and when required, if any further investigation is in progress; (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 such person from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned. (iv) If the applicants shall not follow the terms and conditions of the anticipatory bail as placed herein before the prosecutor may apply before the appropriate court for cancellation of this anticipatory bail under Sections 437 (5) or 439 (2) Cr.P.C. The Investigating Officer will continue with the investigation, if it is in progress and the same will not be affected by this order. A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicant, within a week, if the investigation is still in progress, who shall ensure compliance of this order. Order Date :- 31.5.2022 Muk Digitally signed by MOHD UMAR KHAN Date: 2022.06.01 17:36:30 IST Reason: Location: High Court of Judicature at Allahabad