Amir Khan v. State of U.P. and 2 Others
Case brief
What is this about?
single judge rejected the pending anticipatory bail application filed by Amir Khan in a cheating case involving alleged cyber fraud, finding no sufficient ground due to the magnitude of financial loss involved.
What did the court decide?
rejected, with direction that if applicant surrenders within two weeks, regular bail shall be decided expeditiously.
What the court decided
A compact analysis
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:179902
Court No. - 70
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10889 of 2024
Applicant :- Amir Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No. 27 of 2022, under Sections 419, 420 I.P.C.& 66-D I.T. Act, Police Station Cyber Crime, District Mirzapur.
- Allegation against the applicant is that on 08.09.2022, some person call informant on his mobile phone and stated that he is returning money of Rs.20,000/- on mobile paytm, thereafter he received voucher of said amount and advised to connect bank account and thereafter money has been deducted from the account of informant. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. All allegations against the applicant are false and baseless. Applicant is not named in the FIR. During investigation applicant's name is surfaced. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Issues for consideration
2 issues framed by the court
Whether the anticipatory bail application under Section 438 CrPC in a case involving cheating and cyber fraud should be accepted or rejected.
Whether the apprehension of arrest and the nature of allegations constitute sufficient grounds to grant anticipatory bail.
Parties & counsel
- appellant
Amir Khan
- respondent
State Of U.P.
- respondent
2 Others
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- NABAIL/10889/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2 · Deepak Verma
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