Allowed

Babu Khan v. State of U.P. and Another

Allahabad HC22 Nov 2024ABAIL/10667/2024

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. allowed the anticipatory bail application filed by Babu Khan against an FIR in Noida for cheating, forgery and criminal conspiracy, upholding the order in view of Sushila Aggarwal judgment.

What did the court decide?

Release of Babu Khan on anticipatory bail till conclusion of trial on furnishing of personal and two sureties with standard conditions of not interfering with evidence and not fleeing.

Babu Khan vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182386

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10667 of 2024

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Applicant :- Babu Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Vivek Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.658 of 2020 registered under Section 420, 467, 468, 471, 120-B, 506 and 34 IPC at Police Station- Sector-58 Noida, District Gautam Buddha Nagar with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has stated that the applicant is not named in the FIR and has been falsely implicated in the present case. His name has come up later on in the statement of the co-accused persons, which is not admissible in evidence. He has nothing to do with the said offence. Learned counsel has further stated that the final report (charge-sheet) has been submitted against the applicant.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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On due consideration to the arguments advanced by learned

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counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Supreme Court.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Babu Khan be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(ii). that the applicant shall not leave India without the previous permission of the court;

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(iii). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(iv). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 22.11.2024 Ravi/-

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Babu Khan v. State of U.P. and Another

Case brief

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Babu Khan v. State of U.P. and Another

Case brief

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