Partly allowed

Jeeshan Khan and Another v. State of U.P. and Another

Allahabad HC30 May 2022ABAIL/3689/2022

Case brief

AI extract

What is this about?

This interim order granted anticipatory bail to school principal and manager applicants charged with embezzlement of scholarships. Conditions included bond forfeiture, interrogation availability, and non-interference, while extending time for the prosecution to file a counter affidavit.

What did the court decide?

Interim anticipatory bail granted subject to personal bonds of Rs. 50,000 each, two sureties, and deposit of Rs. 2,00,000 with District Magistrate; case listed after two months after filing of counter

Jeeshan Khan and Another Vs State of U.P. and Another — Money Laundering | Allahabad HC (2022)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3689 of 2022

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Applicant :- Jeeshan Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicants as well as the learned AGA and perused the record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Jeeshan Khan and Smt. Anisa Begum in Case Crime No. 136 of 2016, under Sections 409, 420, 467,468, 471, 120-B I.P.C., Police Station - Lisari Gate, District - Meerut.

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As per the FIR, scholarship of Schedule Caste, Schedule Tribes and Backward Classes amounting to Rs.1,54,000/- was embezzled and the same was not given to the students in the year 2010-2011. For the said offence, an FIR was lodged in the year 2016.

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It is submitted by learned counsel for the applicants that the applicants are innocent and have no concern with the present matter. Applicant no.1 is the Principal and the applicant no.2 is the Manager of the school. He further submits that they paid the scholarships some of the students. Learned counsel for the applicants further submits that the said incident is of the year 2010-11 and the FIR was lodged in the year 2016 i.e. about five years after the alleged offence. He further submits that the investigation has not been concluded till date. Applicants have no criminal history. Learned counsel for the applicants further submits that the applicants are ready to pay the entire alleged amount.

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Learned A.G.A. opposed the prayer.

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Matter needs indulgence of this Court.

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In the circumstances, four weeks' time is granted to the learned AGA to file counter affidavit.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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As an interim protection, till the next date of listing, the applicants are granted anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing personal bonds of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicants shall deposit Rs.2,00,000/- before the District Magistrate, Meerut within a period of one week from today.

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(ii) The applicants shall make themselves available for interrogation by a police office as and when required.

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(iii) 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 from disclosing such facts to the Court or to any police office.

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(iv) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicants.

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List this case after two months before the appropriate Bench.

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A certified copy of this order be provided to the learned counsel for the applicants within three days from today.

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Order Date :- 30.5.2022 Vivek Kr.

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Digitally signed by VIVEK KUMAR Date: 2022.05.31 18:05:44 IST Reason: Location: High Court of Judicature at Allahabad

Jeeshan Khan and Another v. State of U.P. and Another

Case brief

What is this about?

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Jeeshan Khan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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