Allowed

Shakeel Ahmad Warsi and Anr. v. State of U.P. Thru. Prin. Secy. Home Lucknow and Anr.

Allahabad HC30 Aug 2022/15402/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Shakeel Ahmad Warsi and Shadabullah Warsi in an FIR involving cheating and forgery concerning job documents, directing them to execute a personal bond and satisfy standard conditions.

What did the court decide?

Respondants enlarged on anticipatory bail till conclusion of trial on furnishing personal bond of Rs. 25,000 and two sureties each.

Shakeel Ahmad Warsi and Anr. Vs State of… — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15402 of 2021

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Applicant :- Shakeel Ahmad Warsi And Anr. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Anr. Counsel for Applicant :- O.P. Tiwari,Rajendra Singh Counsel for Opposite Party :- G.A.,Farooq Ayoob

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri O.P. Tiwari, learned counsel for the applicants, Sri Farooq Ayoob, learned counsel for the first informant and Sri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Shakeel Ahmad Warsi aged about 60 years and Shadabullah Warsi aged about 21 years in Case Crime No. 143 of 2021, offence punishable under Sections 323, 406, 420, 504, 506 IPC, Police Station - Masauli, District - Barabanki, till the conclusion of trial, after rejecting anticipatory bail application of the applicant by Sessions Judge, Barabanki, vide order dated 15.11.2021.

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Brief facts of the case are that the F.I.R. dated 27.06.2021 has been filed against the applicants and co-accused Aftab Ahmad Warsi under Section 323, 406, 420, 504, 506 I.P.C. stating that the applicant took the educational certificates of the victim and filled the form for the post of Clerk in Agricultural Department and took Rs. 3,00,000/- on the pretext of getting her a job. After that co-accused Aftab Warsi used to visit her house repeatedly and took the title deed of her house and on the false promise of marriage, he made physical relations with the victim several times and started loan proceeding over the house of the first informant. On 20.05.2021, he again committed rape in coaching centre and denied to marry with the victim and he did not return the money also.

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The submission of the learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that all allegations are related to co-accused Aftab Ahmad Warsi who is son of the applicant no. 1. The applicants have no criminal history and they have not undergone any imprisonment after conviction by any court of law in relation to any

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cognizable offence previously. It is further contended that the applicants are ready to participate in the investigation. The applicants have granted interim anticipatory bail on 14.03.2022.

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Learned A.G.A. as well as learned counsel for the first informant has opposed the prayer for anticipatory bail of the applicants.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3), Cr.P.C. (U.P. Amendment) is not required.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicants, Shakeel Ahmad Warsi and Shadabullah Warsi are directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on their furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicants shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(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;

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(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 him before the S.S.P./S.P.

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concerned/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 30.8.2022 VPS

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Digitally signed by VED PRAKASH SHARMA Date: 2022.08.31 17:56:35 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shakeel Ahmad Warsi and Anr. v. State of U.P. Thru. Prin. Secy. Home Lucknow and Anr.

Case brief

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Shakeel Ahmad Warsi and Anr. v. State of U.P. Thru. Prin. Secy. Home Lucknow and Anr.

Case brief

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