Allowed

Irfan @ Rashid Khan v. State of U.P. and Another

Allahabad HC30 May 2022ABAIL/3262/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to Irfan @ Rashid Khan in a cheating and criminal conspiracy case. The court noted the applicant's claim of false implication and reliance on previous Supreme Court precedents while imposing standard conditions including personal bond and availability for interrogation.

What did the court decide?

Granted anticipatory bail on personal bond of Rs. 25,000/- and two sureties of like amount until conclusion of trial with specific conditions.

Irfan @ Rashid Khan Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3262 of 2022

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Applicant :- Irfan @ Rashid Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kishore Pandey,Vikas Sharma Counsel for Opposite Party :- G.A.,Amir Khan

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Hon'ble Sanjay Kumar Pachori,J.

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Learned A.G.A. has filed counter affidavit, which is taken on record.

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Inadvertently vide order dated 29.04.2022 third line of the twelfth paragraph of the order "till the conclusion of the trial" has been mentioned whereas is should read as "till the hearing of the present application".

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Due to inadvertence, the section 3/5K/8 of Cow Slaughter Act, 1955 have been mentioned in the prayer clause of the application whereas, it should be 3/5Ka/5Kha/8 of Cow Slaughter Act, 1955.

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Heard Sri Vikas Sharma, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. No one has appeared on behalf of the first informant even in the revised call.

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The present bail application has been filed on behalf of applicant Irfan @ Rashid Khan under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 149 of 2022, for offence punishable under Section 420, 467, 468, 471, 506, 120-B of the Indian Penal Code, registered at Police Station- Khurja Nagar, District- Bulandshahar, till the conclusion of the trial, after rejecting the anticipatory bail application of the applicant by Sessions Judge, Bulandshahr vide order dated 09.03.2022.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the first informant is real elder brother of the applicant. It is further submitted that a First Information Report has been lodged on 22.02.2022 against the applicant and 6 other named persons in respect of the ancestral property devolved in favor of the first informant by oral hiba by his father. It is further submitted that applicant and other co-accused Ahsan-Ur-Rashid have executed 6

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agreements to sale in favour of other 5 named persons on 22.12.2021 and 23.12.2021 without any right title or interest in the property.

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It is further submitted that a civil litigation is pending between the parties before the civil court. It is further submitted that one civil suit being Civil Suit No. 247 of 2021 (Irfan-Ur-Rashid Khan Vs. Rizwan-Ur-Rashid Khan and three others) and another civil suit being Civil Suit No. 1049 of 2021 (Sehnaz Rizwan and another Vs. Irfan-Ur-Rashid Khan and two others) were pending before the Civil Court. One Civil Misc. Case No. 47 of 2022 under Order 9 Rule 13 of C.P.C. read with Section 151 C.P.C. for setting-aside the ex-parte decree passed in Original Suit No. 34 of 1984 dated 04.12.1985 is also pending before the Civil Court, which has been filed by co-accused Ahsan-Ur-Rashid against Rizwan-Ur-Rashid Khan. It is further submitted the right, title or interest of the parties is sub judice.

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The applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. The applicant was granted interim anticipatory bail by this court vide order dated 29.04.2022.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, however, nothing adverse has been pointed out against the applicant.

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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 applicant, Irfan @ Rashid Khan is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his 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 applicant 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 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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. 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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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 30.5.2022 Ishan

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Digitally signed by ISHAN JAISWAL Date: 2022.06.03 10:44:58 IST Reason: Location: High Court of Judicature at Allahabad

Irfan @ Rashid Khan v. State of U.P. and Another

Case brief

What is this about?

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Irfan @ Rashid Khan v. State of U.P. and Another

Case brief

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