Arshad Khan Vs State of U.P.

Court No. - 78

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9292 of 2022

Applicant :- Arshad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Devottam Pandey,Jai Raj,Mrityunjay Singh Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi

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Hon'ble Krishan Pahal,J.

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Heard Sri Jai Raj, learned counsel for the applicant, Sri Prem Chandra Dwivedi, learned counsel for the informant, Sri Ram Mohit Yadav, learned Additional Government Advocate for the State and perused the records.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.198 of 2022, under sections 420, 406, 506, IPC, Police Station Jagdishpura, District Agra, with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, admittedly, the applicant is the tenant of the informant and is stated to have taken an amount of Rs.4,80,000/- as loan from bank and also taken away the Scooter, Laptop and other equipment of the informant by befooling him.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The money which was due has been returned back by the applicant to the informant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel has further stated that the investigation is going on and the charge-sheet has not yet been filed. There are no criminal antecedents of the applicant. Learned counsel for the applicant has also stated that the applicant has co-operated in the investigation and undertakes that he will cooperate in the investigation in future also failing which the State can move appropriate application for cancellation of the anticipatory bail.

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Per contra, Sri Prem Chandra Dwivedi, learned counsel for the respondent as well as learned AGA have vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant. It is

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also submitted that there was financial dispute between the parties and the same has been settled between them. The applicant is the tenant of the informant having no criminal antecedents.

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Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicant deserves to be granted anticipatory bail in connection with the aforesaid case.

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Accordingly, the anticipatory bail application is disposed of with following directions:-

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(A) In the event of arrest of the applicant- Arshad Khan 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;

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(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;

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(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

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(D) The applicant shall not leave India without the previous permission of the Court.

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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.

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Order Date :- 12.10.2022 VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.10.14 09:18:19 IST Reason: Location: High Court of Judicature at Allahabad

Arshad Khan v. State of U.P.

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Arshad Khan v. State of U.P.

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