Mohd. Asad Abbas Vs State of U.P. Thru. Addl. Chief… — Cheating and Forgery | Allahabad HC (2025)

Mohd. Asad Abbas Vs State of U.P. Thru. Addl. Chief… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail extended to applicant Mohd. Asad Abbas till disposal of the trial in Case Crime No. 131 of 2024, subject to conditions: (i) availability for interrogation as and when required; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and no tampering with evidence; (iii) no leaving India without previous permission of the court; (iv) appearance before the trial court on each date fixed unless personal presence exempted; (v) no pressurising/intimidating prosecution witnesses. In case of default, the Investigating Agency may move an application for vacation of the order.

Issue for consideration

Whether the applicant Mohd. Asad Abbas is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 131 of 2024 (Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C.), Police Station Thakurganj, District Lucknow.

Court's answer

From the counter affidavit, State counsel failed to demonstrate any adversarial fact pleaded in the bail application.

Ratio / Principle

State counsel also failed to submit any fact that the applicant was not cooperating with the investigation proceedings, or otherwise any glaring fact adversely affecting the merits of the case.

Key takeaways

The Court recorded that the applicant had already been enlarged on (interim) anticipatory bail after thorough consideration of the merits of the case.ratio¶29
The anticipatory bail application was allowed and anticipatory bail extended to the applicant, Mohd. Asad Abbas, till disposal of the trial, subject to conditions (availability for interrogation; no inducement, threat, promise or tampering; no leaving India without previous permission of the court; appearance before the trial court on each date unless exempted; no pressure/intimidation of prosecution witnesses), with liberty to the Investigating Agency to move for vacation of the order in case of default.ratio¶30

Detailed headnote1 paragraphs

Anticipatory Bail - Section 438 Cr.P.C. - Cheating/forgery FIR - Interim bail confirmed till disposal of trial. Applicant sought pre-arrest bail in Case Crime No. 131 of 2024, P.S. Thakurganj, District Lucknow, under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., the dispute concerning alleged forged/fabricated documents used in connection with an electricity connection for premises in the applicant's occupation. Interim anticipatory bail had been granted on 12.11.2024 on personal bond and two solvent sureties. On notice, none appeared for the complainant despite service; from the State's counter affidavit, no adversarial fact pleaded in the application could be demonstrated, nor any fact showing non-cooperation with the investigation or other circumstance adversely affecting the merits. Held: application allowed; anticipatory bail extended till disposal of the trial, subject to usual conditions (availability for interrogation, non-tampering, no departure from India without leave, attendance before the trial court, no intimidation of witnesses); the Investigating Agency is free to move for vacation of the order in case of default. (Allahabad High Court, Lucknow Bench - Shree Prakash Singh, J. - decided 10.3.2025)

Neutral Citation No. - 2025:AHC-LKO:14637

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1908 of 2024

Applicant :- Mohd. Asad Abbas Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Home Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Ankit Tiwari,Shashank Tilhari,Wali Nawaz Khan Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

As per office report, notice was issued that has been served upon the complainant, but none is present on behalf of the complainant.

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

The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, District Lucknow.

From perusal of the order sheet, it appears that on 12.11.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:-

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

The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 131 of 2024 under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C., Police Station Thakurganj, District Lucknow.

The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that a F.I.R. has been lodged while making undue pressure over the present applicant, as there is a dispute between the parties. He added that the applicant is residing in the house in question for which it has been alleged that some forged and fabricated document was prepared for getting the electricity connection. He submits that in fact the applicant applied for new electricity connection and the allegation that some fabricated document produced before the electricity department, but those are not available with the electricity department. Adding his argument he submits that the applicant is a law abiding citizen and there is no previous criminal history. He next submits that the

applicant is always cooperating with the investigation proceedings and he is not absconding from any proceedings of the case. He also added that there is acute apprehension that police will arrest him without his no fault thus, submission is that the the applicant may be granted anticipatory bail.

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the submissions aforesaid and submits that there is specific allegation against the applicant for committing cheat and fraud and for preparing the forged and fabricated document for getting electricity connection and there is ample evidence against the applicant, therefore, the applicant is not entitled for any relief.

Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Mohd. Asad Abbas shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

(ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

Let notice be issued to opposite party no. 2, returnable at an early date.

Steps be taken within a week.

If steps are taken, office shall proceed accordingly.

List/put up this matter in week commencing 09.12.2024.

In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."

State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was

enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case.

In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mohd. Asad Abbas till disposal of the trial subject to the following conditions:-

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

(ii) that 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 him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

Order Date :- 10.3.2025 (Manoj K.)

Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench