Allowed

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

Allahabad HC14 Aug 2024ABAIL/7985/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a case of alleged cheating and misappropriation of Rs.38,15,000 given for business purposes. Court relied on Sushila Aggarwal, allowed the application and granted anticipatory bail till trial conclusion with standard conditions including passport surrender.

What did the court decide?

Anticipatory bail granted till conclusion of trial on personal bond with two sureties each, with conditions including passport surrender and attendance at trial stages.

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

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Neutral Citation No. - 2024:AHC:131841

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7985 of 2024

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Applicant :- Shahbaj Khan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Patel Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama filed today by Sri Ray Sahab Yadav, Advocate, on behalf of the informant, is taken on record.

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Heard learned counsel for the applicants, Sri Ray Sahab Yadav, learned counsel for the informant, learned A.G.A. for the State 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. 418 of 2023, under Section 420, 406, 504, 506 IPC, Police Station- Kotwali, District- Jhansi, till conclusion of trial.

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Allegation in the first information report is that informant gave an amount of Rs.38,15,000/- to the applicants for business purposes but when informant asked to return the said amount, the applicants refused to pay the same.

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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. It is a civil nature dispute. He next submitted that the instant first information report is a malicious prosecution and the same has been lodged only to give criminal colour to the matter. He next submitted that though Investigating Officer has submitted charge-sheet in the matter but there is no cogent evidence to prosecute the applicants in the present case. Learned counsel for the applicants next submitted that co-accused Arbaz Khan has been granted anticipatory bail by this Court vide order dated 30.05.2024. Applicants have no criminal history to their credit. He further 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 and counsel for the informant vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by

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the learned counsel for the applicants.

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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 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- Shahbaj Khan & Simran , 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 their bail and proceed against them in accordance

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with law.

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Order Date :- 14.8.2024 SKD

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

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

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

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