High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, District Lucknow. From perusal of the order sheet, it appears that on 12.11.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "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. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, 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 a F.I.R. has been lodged while making undue pressure over the present applicant, as there is a dispute between the parties. He added that the applicant is residing in the house in question for which it has been alleged that some forged and fabricated document was prepared for getting the electricity connection. He submits that in fact the applicant applied for new electricity connection and the allegation that some fabricated document produced before the electricity department, but those are not available with the electricity department. Adding his argument he submits that the applicant is a law abiding citizen and there is no previous criminal history. He next submits that the applicant is always cooperating with the investigation proceedings and he is not absconding from any proceedings of the case. He also added that there is acute apprehension that police will arrest him without his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned A.G.A. appearing for the State has vehemently opposed the submissions aforesaid and submits that there is specific allegation against the applicant for committing cheat and fraud and for preparing the forged and fabricated document for getting electricity connection and there is ample evidence against the applicant, therefore, the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Mohd. Asad Abbas shall be released forthwith 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 week commencing 09.12.2024. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mohd. Asad Abbas till disposal of the trial subject to 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/ her 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 10.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, District Lucknow. From perusal of the order sheet, it appears that on 12.11.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "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. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, 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 a F.I.R. has been lodged while making undue pressure over the present applicant, as there is a dispute between the parties. He added that the applicant is residing in the house in question for which it has been alleged that some forged and fabricated document was prepared for getting the electricity connection. He submits that in fact the applicant applied for new electricity connection and the allegation that some fabricated document produced before the electricity department, but those are not available with the electricity department. Adding his argument he submits that the applicant is a law abiding citizen and there is no previous criminal history. He next submits that the applicant is always cooperating with the investigation proceedings and he is not absconding from any proceedings of the case. He also added that there is acute apprehension that police will arrest him without his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned A.G.A. appearing for the State has vehemently opposed the submissions aforesaid and submits that there is specific allegation against the applicant for committing cheat and fraud and for preparing the forged and fabricated document for getting electricity connection and there is ample evidence against the applicant, therefore, the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Mohd. Asad Abbas shall be released forthwith 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 week commencing 09.12.2024. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mohd. Asad Abbas till disposal of the trial subject to 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/ her 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 10.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench