The applicant sought anticipatory bail in a fraud case involving land sale. The court examined the allegations of deception and the filing of the charge-sheet. Finding it not fit to grant the remedy, the application was rejected.
The application for anticipatory bail was rejected.
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Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12326 of 2022
Applicant :- Mohammad Atif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- G.A.,Mohd Zubair
Hon'ble Mrs. Jyotsna Sharma,J.
but disposal thereof is being delayed by the applicant himself and that delaying tactics has been noted by the concerned Bench. Further, it is pointed out that in this case the complicity of the applicant has been found and after the investigation a charge-sheet has been submitted against him. It is argued that filing a charge-sheet is in itself sufficient to show that the applicant was defrauded of his money by playing deception on him and therefore now there is nothing in his favour for grant of anticipatory bail after filing of chargesheet.
Order Date :- 7.2.2023 Saif
Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a case where the accused is accused of fraudulently selling government land and money has been recovered by the police.
Whether the allegations of civil dispute converted into criminal matter warrant the granting of anticipatory bail.
1 provisions across 1 enactments
Mohammad Atif
Jyotsna Sharma
As recorded by the court registry
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