Allowed

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

Allahabad HC15 Jul 2024ABAIL/4610/2024

Case brief

AI extract

What is this about?

Court allowed anticipatory bail application, observing no dispute from the state against the applicants' submissions and citing Sushila Aggarwal. Applicants were released on personal bond with conditions regarding passport surrender, court attendance, and non-interference with investigation.

What did the court decide?

Anticipatory bail granted till conclusion of trial, subject to furnishing personal bond with two sureties and compliance with conditions regarding passport, court attendance, and non-interference.

Rahees Khan and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:119875

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4610 of 2024

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Applicant :- Rahees Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.106 of 2023, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station- Baghpat District- Baghpat, till conclusion of trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants next submitted that applicants challenged the FIR by filing Criminal Misc.Writ Petition No.3766 of 2023 (Tahira vs. State of U.P. and two others). Hon'ble Court by order dated 28.03.2023 granted interim protection that till the next date of listing or till submission of police report under section 173(2) Cr.P.C., whichever is earlier, the applicants shall not be arrested. The applicants cooperated with the investigation proceeding and charge-sheet has been submitted. Learned counsel for the applicants next submitted that co-accused Islam, Furkan, Beelal & Jeeshan have been granted anticipatory bail by coordinate Bench of this Court by order dated 30.10.2023. Applicant no.2 having criminal history of three cases, which has been explained in Para-34 of the affidavit. Applicants have not misused the interim protection granted to them and co-operated in the investigation proceedings. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in

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the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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Let the applicants- Rahees Khan & Smt.Momina, who are involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.

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iii. That the applicants 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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iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.

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v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition 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 proceed against them in accordance with law.

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Order Date :- 26.7.2024 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

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

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

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