Allowed

Mehboob Alam Siddiqui v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and 3 Others

Allahabad HC18 Jul 2024ABAIL/1586/2024

Case brief

AI extract

What is this about?

This court allowed the anticipatory bail application filed by Mehboob Alam Siddiqui under Section 438 Cr.P.C. for offences of cheating and forgery. The grant was conditioned on the applicant furnishing a personal bond and two sureties, given his role as a marginal witness, the fact that the sale consideration was paid, and the status of a reference to mediation order for the co-accused.

What did the court decide?

Release of the accused-applicant on anticipatory bail on personal bond and two sureties with conditions including appearance in court and non-interference with witnesses.

Mehboob Alam Siddiqui vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:48541

¶2

Court No. - 28

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1586 of 2024

¶4

Applicant :- Mehboob Alam Siddiqui Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko And 3 Others

¶5

Counsel for Applicant :- Sajjad Husain Counsel for Opposite Party :- G.A.

¶6

Hon'ble Shree Prakash Singh,J.

¶7

Heard counsel for the applicant, Sri Attrey Tripathi, learned AGA for the State and perused the record.

¶8

The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0057 of 2022, under sections 419, 420, 467, 468, 471, 504, 506 & 120-B of I.P.C., Police StationWazeerganj, District-Lucknow.

¶9

Contention of counsel for the applicant is that applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that the applicant is a law abiding citizen and was never involved in committing any offence. He submits that the applicant is only a marginal witness of the sale deed in question, though the fact remains that the sale consideration has already been paid. He further submits that the co-accused namely, Mahboob Ali, has already approached this court by way of filing Criminal Misc. Writ Petition No. 4475 of 2024, wherein this court while passing the order dated 26-06-2024, has referred the matter before the Mediation and Conciliation Centre of this court and the petitioner of the abovesaid writ petition has deposited the amount, as was directed to be deposited by the Division Bench in the said writ petition. He next added that the present applicant is in no way the beneficiary and no purpose would

¶10

be sub-served, if this matter is not being referred to Mediation and Conciliation of this court. Further, the applicant undertakes that he will not misuse the liberty of bail if granted and would cooperate in the trial proceedings.

¶11

On the other hand, learned counsel appearing for the State though has opposed the anticipatory bail application on merits, but, he has no objection with respect to the fact that the matter may be referred to Mediation and Conciliation.

¶12

In view of the aforesaid facts and circumstances of the case and looking into the interest of justice and the order passed by the Division Bench of this court dated 26-06-2024 in Criminal Misc. Writ Petition No. 4475 of 2024, coupled with the fact that the applicant has undertaken that he will not misuse the liberty of anticipatory bail if granted and would cooperate in the trial proceedings,the anticipatory bail application of the applicant is allowed .

¶13

Let the accused-applicant- Mehboob Alam Siddiqui be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶14

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

¶15

(ii) 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;

¶16

(iii) that the applicant shall not leave India without

¶17

the previous permission of the court;

¶18

(iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

¶19

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

¶20

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

¶21

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

¶22

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

¶23

Order Date :- 18.7.2024 AKS

¶24

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Mehboob Alam Siddiqui v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Mehboob Alam Siddiqui v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vimal Mishra Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Ajay Yadav Vs State of U.P Thru. Prin. Secy. Home Deptt. Lko.

Smt. Asha Mishra vs State of U.P. Thru. S.I.T. Lko

Deepu Rawat vs State of U.P. Thru. Secy. Home Deptt. Govt. Civil Sectt. Lko

Madhvendra Shukla vs State of U.P. Thru. Prin. Secy. Home Lko.

Rakesh Chaurasiya vs State of U.P. Thru. Prin Secy. Home Govt. Lko.