Partly allowed

Mohd Israr Khan v. State of U.P. and Another

Allahabad HC25 Nov 2024ABAIL/9797/2024

Case brief

AI extract

What is this about?

Single-judge court heard an anticipatory bail application under Section 438 CrPC regarding allegations of fraud. Interim bail was granted pending further inquiry, subject to furnishing a bond with sureties and adherence to specific undertakings.

What did the court decide?

Grant of interim anticipatory bail in the nature of protection order, conditioned on furnishing a personal bond of Rs. 50,000/- with two sureties of similar amount.

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

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9797 of 2024

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Applicant :- Mohd Israr Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Srivastava,Ch. Dil Nisar Counsel for Opposite Party :- G.A.,Ram Kumar Dubey

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Hon'ble Deepak Verma,J.

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Supplementary affidavit has been filed today in the Court, is taken on record.

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Heard Sri Choudhary Dilnisar, learned counsel for the applicant, Sri Ashutosh Shukla, Advocate holding brief of Sri Ram Kumar Dubey, 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 with a prayer to grant an anticipatory bail to the applicant in Case Crime No.113 of 2024, under Sections-379, 419, 420, 406 I.P.C, Police Station Fatehpur, District-Saharanpur.

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Allegation in the FIR is that applicant and other co-accused committed fraud in informant's company naming Al-Najib Milli Mutual Benefit Nidhi Ltd. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is totally false and baseless. No offence under the alleged sections is made out. Applicant is working as Clerk in the aforesaid company. Investigation is going on. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

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Learned counsel for the informant and learned A.G.A. are granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case after six weeks.

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As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned.

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(iv) The applicant shall not tamper with the evidence during the trial.

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(v) The applicant shall not pressurize/intimidate the prosecution witness.

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

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In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 9.12.2024 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Mohd Israr Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohd Israr Khan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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