Court granted anticipatory bail to Mohd. Gufran in a case involving forgery and cheating charges, subject to conditions regarding cooperation with investigation and personal bond.
Anticipatory bail granted till submission of police report under Section 173(2) Cr.P.C. on furnishing a personal bond of Rs.50,000 with two sureties subject to conditions.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6573 of 2022 Applicant :- Mohd.Gufran Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A.,Madhava Nand Shukla
Hon'ble Krishan Pahal,J.
Heard Sri Mohd. Ishraque Farooqui, learned counsel for the applicant, Sri Madhava Nand Shukla, learned counsel for the first informant and Smt. Ladli Pandey, learned Additional Government Advocate for the State and perused the records.
The applicant is seeking anticipatory bail in connection with Case Crime No.- 128 of 2022, under Sections 420, 406, 467, 468, 471, 447, 381, 506 IPC, Police Station - Civil Lines, District - Muzaffarnagar.
As per the allegations in the FIR, the applicant is said to have forged the documents of the first informant and thereupon, taken full control of the society concerned and taken over the charge from the first informant through the fake resignation letter.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that the signatures on the said resignation letter have been found to be genuine. The said resignation letter even bears the photograph of the first informant. There are several civil litigations pending between the parties since 2021 and the present FIR has been lodged as a counterblast to the FIR No. 0100 of 2022 lodged by the applicant Mohd. Gufran at the same police station fifteen days before the alleged incident. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. There is no criminal history and, therefore, he is entitled for protection from this Court.
Learned Additional Government Advocate and learned counsel for the first informant have opposed the prayer for anticipatory bail.
Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant Mohd. Gufran
deserves to be granted anticipatory bail in connection with the aforesaid case.
Accordingly, the anticipatory bail application is disposed of with following directions:-
(A) In the event of arrest of the applicant involved in aforesaid case shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) Cr.P.C. before the competent Court on his/her furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned;
(B) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(C) 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 them from disclosing such facts to the Court or to any police officer; and
(D) The applicant shall not leave India without the previous permission of the Court.
In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 22.9.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.09.26 12:22:02 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail shall be granted to the applicant in view of his alleged forgery and lack of criminal history.
Conditions for the release on bail including surrender and non-deportation from India.
2 provisions across 1 enactments
Mohd. Gufran
State of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
