Disposed
Azaz Ahmad v. State of U.P.
Allahabad HCABAIL/326/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC ANTICIPATORY BAIL…
What the court decided
AI extract
Case :- CRIMINAL MISC ANTICIPATORY BAIL…
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 326 of 2022
Applicant :- Azaz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Shri Surendra Kumar Tiwari, learned counsel for the applicant, Sri Deepak Kumar Tripathi, learned counsel for the informant, learned A.G.A. for the State through virtual mode and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 157 of 2020, under Sections - 406, 419, 420, 467, 468, 471, 120B I.P.C., Police Station - Khalilabad, District - Sant Kabir Nagar, during the pendency of trial.
The case of the applicant in nutshell is that the only crime committed as alleged in the F.I.R. is that the applicant guided the informant to purchase some land from another person and transaction was entered into in the shape of execution of sale deed. However, it so happened that the land, which was sold out to the informant had already been sold out to several persons by the co-accused of this case and that being so, how can it be said that the applicant had any motive to cheat the informant. It being so, no case is made out and allegations made in the F.I.R. are absolutely false.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused-applicant. However, under facts and circumstances of this case, obviously the informant has been duped/cheated. May be that the applicant is innocent but this Court refrains from appreciating the value of the allegations and cannot weigh it at this stage, as that is the domain of the court concerned, which is seized of the matter. May be that the grounds urged in this case application may sound well but scrutiny of the same can be done at this stage appropriately by the lower court concerned.
After considering the rival submissions raised by both the parties and the averments contained in this anticipatory bail application, obviously the documents placed on record carry substantive allegations, which have been backed up by the
sufficient material against the applicant. Therefore, at present no good ground is made out for interference. However, the relief sought by the applicant can be well obtained by moving appropriate regular bail application before the court concerned.
Thus, in view of above, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned and moves appropriate application for bail, the same shall be considered and disposed of by the court below.
With the aforesaid observation, this application stands disposed of.
Nothing has been observed on the merit of the case.
Order Date :- 3.2.2022 S Rawat
Azaz Ahmad
Arvind Kumar Mishra
As recorded by the court registry
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