Dismissed

Syed Naseer Husain (F.I.R. Name Is Husain Rizvi) v. State of U.P. Thru. Prin. Sey. Home Lko. and Another

Allahabad HC7 May 2024ABAIL/955/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an anticipatory bail application filed by the applicant accused of cheating and forgery. The court held that the bail was misused as the application relied on a forged salary slip to obtain a loan, rendering the applicant ineligible for protection under Section 438 Cr.P.C.

What did the court decide?

Application under Section 438 Cr.P.C. dismissed.

Syed Naseer Husain (F.I.R. Name Is Husain Rizvi) vs… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35016

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Court No. - 8

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 955 of 2024 Applicant :- Syed Naseer Husain (F.I.R. Name Is Husain Rizvi)

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Opposite Party :- State Of U.P. Thru. Prin. Sey. Home Lko. And Another

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Counsel for Applicant :- Syed Asaghar Mehdi,Manish Mani Tripathi,Qamar Raza,Siddharth Raj Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.28 of 2020 under sections 420, 406 I.P.C., Police Station Vibhuti Khand, District- Lucknow.

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Learned counsel for the applicant submitted that the applicant is an innocent person and he has been falsely implicated in the present case. He further submitted that the proceedings under Section Securitisation Act as well as Negotiable Instruments Act have been initiated and at the same time, F.I.R. of case in question has also been lodged by the informant of the present case and charge sheet has also been filed. He further submitted that the alleged offence is triable by the Magistrate and custodial trial is not necessary. The applicant never misuse the liberty given by the Investigating Officer, therefore, the anticipatory bail may be granted to him.

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Learned A.G.A. opposed the prayer of applicant and submitted that on the basis of forged salary slip, loan was applied by the applicant and during the course of verification, it came into the notice that applicant is not working as SubInspector, 35th Battalion PAC. He further submitted that the investigation is still going on, therefore, applicant may not be given the liberty of anticipatory bail.

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Considering the argument of learned counsel for the parties and going through the contents of the FIR as well as other relevant documents, as it is evident that on the basis of forged salary slip, loan was applied by the applicant, thereafter, he failed to deposit the installment. In such circumstances, I am of

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the view that the applicant is not entitled for anticipatory bail.

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Accordingly, the present application is hereby dismissed.

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Order Date :- 7.5.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Syed Naseer Husain (F.I.R. Name Is Husain Rizvi) v. State of U.P. Thru. Prin. Sey. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Syed Naseer Husain (F.I.R. Name Is Husain Rizvi) v. State of U.P. Thru. Prin. Sey. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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