This court granted anticipatory bail to the applicant in a case involving false implication and embezzlement allegations. The bail was based on a prior interim order and the applicant's cooperation with the investigation.
The anticipatory bail application was allowed, necessitating compliance with a prior interim order.
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Court No. - 21
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 356 of 2024
Applicant :- Jawed Aslam Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pranjal Krishna,Nadeem Murtaza Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
Heard Sri Nadeem Murtaza learned counsel for the applicant and learned AGA for the State respondent.
The instant anticipatory bail application has been moved by the applicant in respect of Case Crime no.0014 of 2023 under Sections 409, 420, 467, 468, 201, 204, 166 & 120 B IPC Police Station-SIT District Lucknow.
A coordinate Bench of this Court by means of the order dated 22.02.2024 had passed the following order which is reads as under:-
"4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The applicant at the relevant point of time, for a very short period has assumed the post of Registrar in U.P. Madarsa Shiksha Parishad, Lucknow and the allegations which have been levelled in the first information report are to the tune that he along with other co-accused persons has submitted wrong facts and reports with regard to the recognition of different Madarsas and also about embezzlement found in the distribution of scholarship.
5. It is further submitted that the allegations which have been levelled in the first information report are vague and no specific allegation has been levelled against the applicant and he (applicant) was not at all in a position to manipulate any factual aspect of the case as an inquiry has admittedly been conducted by senior officers.
6. It is further submitted that the applicant had earlier approached this Court for quashment of the said report submitted by the Special Investigation Team by filing an Application U/s 482 Cr.P.C. No. 3380 of 2023 and vide order dated 11.04.2023 the operation of the said report was stayed for the time being. However, the said 482 Cr.P.C. Application was unfortunately dismissed on 04.10.2023 against which the applicant had approached the Hon'ble Supreme Court, however, the S.L.P. filed against the said order has also been dismissed.
7. While drawing the attention of this Court towards a copy of the certificate issued by the Chief Medical Officer, Varanasi, it is submitted that the applicant is an handicap person and is coming within the definition of infirm as defined in the explanation attached with Section 437 Cr.P.C. and he is intending to cooperate in the investigation and has not been declared an absconder.
8. It is further submitted that to the best of knowledge of the applicant he is not having any criminal antecedents and the report which is alleged to have been submitted by the Special Investigation Team, has never been provided to the applicant.
9. Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant on the ground that the applicant has committed an heinous offence, moreover, he is also having criminal history of one case and, therefore, he is not entitled for any protection.
10. Having heard learned counsel for the parties and having perused the record and keeping in view the allegations which have been levelled against the applicant, it appears that the report submitted by the S.I.T. would be relevant for disposal of the plea of anticipatory bail of the applicant, which according to learned counsel for the applicant has never been supplied to the applicant.
11. Thus, list this case on 11.03.2024, by which date the State if so wish, may file counter affidavit/objections enclosing therewith the report submitted by the S.I.T., if it is not a confidential document. "
Learned counsel for the applicant further submits that since thereafter this court in Criminal Misc. Anticipatory Bail Application no.550 of 2024 has been pleased to grant anticipatory bail application in respect of another co-accused by means of the order dated 25.04.2020.
Learned counsel for the applicant further submits that his statement has also been recorded and he has cooperated with the Investigating Officer apart from the fact that the applicant suffers from disability and the certificate of disability has also been brought on record.
Learned AGA having granted opportunity could not bring any fresh material on record in terms whereof this Court may take a different view than the one taken while passing the interim order.
Accordingly, in light of the interim order granted on 22.02.2024, the same shall stand confirmed and the application is allowed in terms thereof.
Order Date :- 23.5.2024 Harshita
Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in a case involving offences under the IPC.
2 provisions across 2 enactments
Jawed Aslam
State Of U.P
Jaspreet Singh
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
