The single judge rejected the anticipatory bail application filed by Kaseem Pasha, finding no good ground to grant bail in a case involving cheating and forgery.
Anticipatory bail application rejected.
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Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16790 of 2021
Applicant :- Kaseem Pasha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shadab Ali,Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Sri Mukesh Joshi, Advocate has filed Vakalatnama on behalf of applicant, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant anticipatory bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 35 of 2021, under Sections 420, 467, 468, 471 I.P.C., P.S. Nagfani, District Moradabd.
It is submitted by learned counsel for the applicant that applicant is innocent and has falsely been implicated in the present case; the applicant is not involved in selling of theft motorcycle; criminal history pending against the applicant, is explained in para-24 of the affidavit filed in support of the bail application. He next submits that applicant can be released on bail under Section 438 Cr.P.C. there is no credible evidence; no case is made out under alleged section; allegations levelled against the applicant are false. It is further submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for bail with the contention that applicant is involved in the alleged crime; applicant has criminal history. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case.
Accordingly, the anticipatory bail application is rejected .
Order Date :- 8.12.2021/Meenu
2 issues framed by the court
Whether anticipatory bail should be granted to the accused apprehensive of arrest.
Whether the allegations levelled against the applicant are credible.
1 provisions across 1 enactments
Kaseem Pasha
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
