Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8563 of 2024 Mohammad Rashid State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) Sushil Kumar Pandey : : G.A. Court No. - 69 HON'BLE VIVEK VARMA, J.
Legal Reasoning
1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record. 2. The applicant was granted interim anticipatory bail vide order dated 12.09.2024 passed by this Court. The order is quoted herein below: "1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B IPC, Police Station Kotwali Nagar, District Muzaffar Nagar. 3. Counsel for the applicant submits that the applicant was not named in the first information report lodged on 04.03.2008. The applicant had no role in installation of private tube-wells. The applicant has not forged the letter head of any public representative. The investigation has been completed and charge sheet has been filed on 08.09.2023. During the course of investigation, the applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has been summoned by the concerned court. The applicant has apprehension of his arrest in the above mentioned case. 4. Matter requires consideration. 2 ABAIL No. 8563 of 2024 5. Issue notice to the informant returnable at an early date. 6. Learned AGA as well as the informant are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. Place this case in the additional cause on 04.11.2024. 8. Till the next date of listing, in the event of arrest of the applicant Mohammad Rashid in Case Crime No. 576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B IPC, Police Station Kotwali Nagar, District Muzaffar Nagar, shall be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every day fixed in the matter by the court concerned. (ii) 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. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 9. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith. 10. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 3. Despite time granted, no counter affidavit has been filed by the State/ opposite party. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. The essential ingredients to constitute the alleged offences are not made out against the applicant. The forged letter head of the public 3 ABAIL No. 8563 of 2024 representative cannot be described as a valuable security under Section 30 of the Indian Penal Code. Further, pursuant to the order dated 12.09.2024 passed by this Court the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty. 5. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the facts that the applicant was not named in the first information report, his name surfaced during the course of investigation; the essential ingredients to constitute the alleged offences are not made out against the applicant; the forged letter head of the public representative cannot be described as a valuable security under Section 30 of the Indian Penal Code; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder for the State, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Mohammad Rashid, involved in Case Crime No. 576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B I.P.C., Police Station Kotwali Nagar, District Muzaffarnagar, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of 4 ABAIL No. 8563 of 2024 the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
Decision
9. The application stands disposed of. September 12, 2025 SKT/- (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad