In an anticipatory bail application, the Allahabad High Court, without commenting on merits, granted relief to the applicant. The court ordered the applicant's release upon furnishing a bond and adhering to standard conditions.
Anticipatory bail granted with a personal bond of Rs. 25,000/- and conditions regarding interrogation and travel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3071 of 2022
Applicant :- Islam Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned AGA for the State.
This anticipatory bail application has been moved for seeking anticipatory bail in Case Crime No. 309 of 2021 under Sections 420, 467, 468, 471 I.P.C, Police Station- Fatehganj Purvi, District- Bareilly.
Facts in brief are that the property in dispute was purchased by co-accused Rehan Khan and Neman Khan who are sons of present applicant and property was purchased by them from Smt. Zarina Khan through registered sale deed on 13.12.2017. The present F.I.R. was lodged by Sub-Inspector Bhoop Singh with allegation that the present applicant earned money from smuggling of narcotic drugs and with the money so earned this property was purchased by his sons from Smt. Zarina Khan by misrepresenting the cost of the property. The F.I.R. was lodged under Sections 420, 467, 468, 471 I.P.C and Smt. Zarina Khan was also named in the F.I.R. as accused.
It is submitted by learned counsel for the applicant that he has committed no offence and is innocent in this case. The father of co-accused Rehan Khan and Neman Khan purchased the land from Smt. Zarina Khan in the year 2017. No any complaint in this regard was made by Smt. Zarina Khan and no any forged document was prepared by this applicant or other co-accused persons. No any cheating was done by him. It is also submitted that the allegation of police against this applicant is that he earned the money from business of Narcotic drugs and purchased the property in the name of his sons and also underestimated the value of the property and got it registered. In this regard, it is to note that this property was purchased by sons of this applicant in the year 2017 and the criminal history has been shown by the police from the year 2018. In this way, it cannot be said that the applicant earned the money from business of narcotic drugs and invested in purchasing the property in question in this case. It is also submitted that co-
accused Rehan Khan and Neman Khan has already been granted anticipatory bail by Co-ordinate Bench of this Court. It is also submitted that if it is found that the property was purchased with the money earned through smuggling activities then there is provision in N.D.P.S. Act in this regard but proceedings under Sections 420, 467, 468, 471 I.P.C. cannot be initiated. Since the matter is under investigation, therefore, there is apprehension of imminent arrest against the applicant so requested for anticipatory bail.
Learned AGA for the State opposed the prayer as aforesaid.
On considering the facts and circumstances of the case submissions made by learned counsel for the applicant as well as learned AGA for the State and perusal of record, without making any comment on the merit of the case, the case for anticipatory bail is made out.
In the event of arrest of the applicant- Islam Khan, shall be released on anticipatory bail till the submission of police report under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(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 from disclosing such facts to the Court or to any police office;
(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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 25.1.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case involving cheating and forgery charges. This is a non-issue as the court disposed of the matter without considering merits.
Whether the apprehension of arrest justifies the grant of anticipatory bail.
2 provisions across 1 enactments
Islam Khan
State of U.P.
Anonymous
Subhash Chandra Sharma
Suraj Srivastav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
