In Criminal Misc. Application No. 1973 of 2024, the Allahabad High Court dismissed the anticipatory bail application filed by Abarar apprehending arrest in an FIR under sections 419, 420, 467, etc., IPC.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed.
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.
Neutral Citation No. - 2024:AHC-LKO:59938
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1973 of 2024
Applicant :- Abarar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Sachin Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant; learned AGA for the State and perused the records.
2. Present application has been filed seeking anticipatory bail apprehending arrest in FIR No.0777 of 2023, under Sections 419, 420, 467, 468, 471, 504 & 506 IPC, Police Station Kotwali Nanpara, District Bahraich.
3. Considering the gravity of the allegation that the sale deed was got executed for a cash amount of Rs.19,000/- when the sale consideration of the land as per the circle rate was more than Rs.2,50,000/-, prima-facie , a case for anticipatory bail is not made out.
4. The applicant would be at liberty to apply for regular bail which shall be decided in accordance with law expeditiously.
5. Present application for anticipatory bail is rejected/dismissed in above terms.
Order Date :- 2.9.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail can be granted in an FIR alleging indian penal code offences of cheating and forgery.
Whether the gravity of the allegation regarding a sale deed executed for a cash amount lower than the circle rate justifies anticipatory bail.
8 provisions across 2 enactments
Abarar
State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P.
Pankaj Bhatia
Nishant Mohan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
