Allowed

Afsar Ali v. State of U.P. Thru. Secy. Home, Civil Sectt. Lko.

Allahabad HC5 Jan 2024ABAIL/11/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a case involving cheating and forgery regarding a fair price shop. The court noted the co-accused spouse already had bail and noted charges of false implication. Bail was allowed subject to conditions regarding cooperation, non-interference, and residence.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond and two sureties. Conditions: availability for interrogation, no inducement of witnesses, no leaving the country without permission, and presenc

Afsar Ali vs State of U.P. Thru. Secy. Home, Civil… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2298

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11 of 2024

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Applicant :- Afsar Ali Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. Lko.

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Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed today is taken on record.

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Learned A.G.A. informs that she has procured complete instructions in the matter including upto date case diary of the case and investigation is still pending.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present anticipatory bail application has been moved by the accused/applicant- Afsar Ali in Case Crime No. 305/2023, under Sections 420, 467 and 468 I.P.C, Police Station- Ramkot, District- Sitapur, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

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Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case. The first information report of this case has been lodged under the orders made by a Court under Section 156 (3) Cr.P.C. and therefore, the allegations have been aggravated therein.

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It is further submitted that admittedly, the F.I.R. has been lodged on account of fact that the said fair price shop is said to have been obtained by submitting forged transfer certificate of Class- Vth of the wife of the applicant and she was also an accused in the instant case and has been granted bail by a Coordinate Bench of this Court vide order dated 18.12.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2917 of 2023. The role of the instant applicant is on better footing than that of his wife, who has already been granted bail.

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It is also submitted that though the State has alleged criminal

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history of three cases against the applicant, however, the applicant is not connected with the two of such cases shown as the criminal history of the applicant and in the third case, the applicant has been granted bail and the criminal history has been adequately explained in supplementary affidavit filed today. The applicant undertakes to be cooperative in the investigation and would remain present before the Investigating Officer as and when his presence would be required and in case, the charge sheet is filed, he would also cooperate in the early disposal of the case and would not seek any adjournment especially when the prosecution witnesses would be in attendance.

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Learned A.G.A. on the other hand opposes the prayer of the bail application of the applicant on the ground that he is an accused of committing heinous offence, therefore, he is not entitled to be released on anticipatory bail.

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Perusal of the record would reveal that allegation of obtaining fair price shop by submitting false education certificate has been alleged against the wife of the applicant, namely, Guddi, who has already been granted anticipatory bail by a Coordinate Bench of this Court. I do no find any reason as to why the same facility may not be extended to the applicant. Criminal history of one case has been adequately explained as the other two cases are stated to be not connected with the applicant. Thus, the anticipatory bail application moved on behalf of the applicant- Afsar Ali is hereby allowed and it is provided that in the event of arrest of the applicant- Afsar Ali, in the above-mentioned case under any process of the trial court or by SHO of Police Station concerned or by investigating officer or on his appearance/surrender before the trial court within 20 days, whichever is earlier, he shall be released forthwith on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer/ Trial Court subject to the following conditions:-

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(1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required;

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(2) 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 them from disclosing such facts to the Court or to any police officer;

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(3) The applicant shall not leave the country concerned without

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the previous permission of the Court.

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In the event of submission of police report under Section 173 (2) Cr.P.C. (charge sheet), the applicant shall remain present before the trial Court as and when his presence would be required and in that scenario, the trial court, in addition to the conditions already imposed by this Court, would be free to impose any other reasonable condition for the purpose of securing the presence of the applicant before it.

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If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and shall proceed against him in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 9.1.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Afsar Ali v. State of U.P. Thru. Secy. Home, Civil Sectt. Lko.

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Afsar Ali v. State of U.P. Thru. Secy. Home, Civil Sectt. Lko.

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