The Allahabad High Court Court No. 80 rejected the anticipatory bail application of Maulana Qambar Hussain. Since the involved offences are punishable with less than seven years imprisonment, the court found no apprehension of arrest and no good grounds for bail, distinguishing it from the cited Supreme Court precedent.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12409 of 2022
Applicant :- Maulana Qambar Hussain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ahmed Faizan,Zaheer Asghar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Facts in brief are that an application u/s 156(3) Cr.P.C. was moved by the opposite party no. 2 stating that money was taken by the applicant for making arrangement of travel to Umara, Iran and Iraq. Money about Rs. 144,000/- were taken by the applicant but no arrangement of travel was made by him even money was also not returned by him. The application u/s 156(3) Cr.P.C. was treated as complaint and after recording the statements under Sections 200 & 202 Cr.P.C. of the complainant and other witnesses and also getting matter inquired by the police under Section 202(1) Cr.P.C. summoning order was made by the learned court on 10.11.2022.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely named in the complaint and on the basis of false allegation made by the opposite party as well as other witnesses, summoning has been made. Further submitted that no any amount was taken by this applicant from the opposite party but the amount was taken by the complainant himself from the applicant which is due against him regarding which complaint has been made by the applicant against opposite party which was registered as Complaint No. 13254/20 of 2020. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
On the other hand, learned AGA opposed the prayer of anticipatory bail and urged that in this case all offences are punishable with sentence less than seven years.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and perusal of record, it appears that in this case all offence in which applicant has been summoned by the learned court are
punishable with imprisonment below seven years, therefore, there is no apprehension of arrest by the police. Hence, no good ground is made out for anticipatory bail. The anticipatory bail application of applicant Maulana Qambar Hussain involved in Complaint Case No. 13221 of 2020, under Sections 420, 406, 504 IPC, P.S. Feelkhana, District Kanpur Nagar is hereby rejected .
However, it is directed that in case, the applicant appears and moves bail application before the court concerned, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.
Order Date :- 28.1.2023 A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted when offences are punishable with imprisonment below seven years.
Whether apprehension of arrest is made out when the court has already issued a summoning order.
Whether false allegations by the applicant regarding non-return of money justify anticipatory bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherExplained¶11
Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.
1 provisions across 1 enactments
Maulana Qambar Hussain
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
