Allowed

Basheel Khan @ Baseer Khan v. State of U.P.

Allahabad HC22 Aug 2023ABAIL/2626/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant facing charges of forgery and cheating in a land purchase dispute. The court held it was a fit case for bail till the end of trial, citing settled principles regarding non-custodial interrogation and the civil nature of the underlying controversy.

What did the court decide?

Anticipatory bail granted till end of trial on furnishing a personal bond of Rs. 50,000 with two sureties subject to conditions regarding appearance, tampering, and travel.

Basheel Khan @ Baseer Khan Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:170800

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2626 of 2023

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Applicant :- Basheel Khan @ Baseer Khan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Supplementary affidavit and rejoinder affidavit filed today on behalf of the applicant are taken on record. Counter affidavit filed on behalf of the State is on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Basheel Khan @ Baseer Khan in Case Crime No. 362 of 2021, under Sections 420, 467, 468, 471, 120-B I.P.C, Police Station - Rabupura, District - Gautam Budh Nagar.

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As per prosecution version, some transaction of land purchase was to take place between the informant and the co-accused persons of this case and it is alleged against the applicant that the concerned land and documents related to that land were shown to the informant by the applicant.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. It is further submitted that no sale deed was executed subsequently and the money relating to the aforesaid transaction was not given to the present applicant. The applicant is neither the vendor or vendee of the aforesaid transaction nor a witness. It is further submitted that after investigation, now charge-sheet has been submitted in the matter. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that earlier, interim protection was granted to the

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applicant in this case vide order dated 7.4.2023 and the said liberty was not misused by the applicant. It is further submitted that no custodial interrogation is required in this matter and as such the applicant is entitled for anticipatory bail till the conclusion of trial.

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Learned A.G.A. opposed the anticipatory bail application.

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Dispute appears to be of civil nature. Charge-sheet has been submitted into the matter. No custodial interrogation is required in the matter.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned

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with the following conditions :-

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(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

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(ii) 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 him / her from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 22.8.2023 ss

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Basheel Khan @ Baseer Khan v. State of U.P.

Case brief

What is this about?

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Basheel Khan @ Baseer Khan v. State of U.P.

Case brief

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