Dismissed¶11

Yawar Ali Khan Nanhan Zariwala Mohammed Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC14 Feb 2025ABAIL/209/2025

Case brief

AI extract

What is this about?

Anticipatory bail Section 438 CrPC refused; Section 82 CrPC process issued for non-cooperation with investigation; forgery/fabrication of succession documents to grab immovable property; Sections 419 420 467 468 471 IPC; case crime 663 of 2023 PS Thakurganj Lucknow; applicant resident of Maharashtra, warrant never served; Srikant Upadhyay v State of Bihar (2024) 3 SCR 421 relied on by AGA; Allahabad High Court Lucknow Bench, Justice Manish Mathur, order dated 24.4.2025; dismissed with liberty to seek regular bail; neutral citation 2025:AHC-LKO:23617.

What did the court decide?

No anticipatory bail granted; liberty given to apply for regular bail, to be considered and decided expeditiously. ¶11

Yawar Ali Khan Nanhan Zariwala Mohammed Ali Khan vs… — Anticipatory Bail | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:23617

¶2

Court No. - 13

¶3

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 209 of 2025 Applicant :- Yawar Ali Khan Nanhan Zariwala Mohammed Ali Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Durgesh Vijay Srivastava Counsel for Opposite Party :- G.A.,Mohd. Imran Khan

¶4

Hon'ble Manish Mathur,J.

¶5

Heard learned counsel for applicant, learned A.G.A. for opposite party no.1-State as well as learned counsel for complainant and perused the record.

¶6

First anticipatory bail application has been filed with regard to case crime No.663 of 2023, under Sections 419, 420, 467, 468, 471 IPC, P.S. Thakurganj, District Lucknow.

¶7

As per contents of first information report, applicant along with co-accused are said to have fabricated documents pertaining to succession in order to usurp the immoveable property of informant.

¶8

Learned AGA on the basis of instructions has submitted that applicant did not cooperate during course of investigation due to which process under Section 82 Cr.P.C. was issued against him and the same is made available in the case diary dated 26.11.2024. He has also placed reliance on judgment rendered in the case of Srikant Upadhyay & Ors. versus State of Bihar & Anr. (2024) 3 S.C.R. 421.

¶9

Learned counsel for applicant rebuttal submits that the applicant in fact is a resident of Maharashtra and was never served with any warrant and is unaware of process of Section 82 Cr.P.C..

¶10

Upon consideration of submissions advanced by learned counsel for parties, it is evident that applicant has not cooperated during the course of investigation leading to process be issued under Section 82 Cr.P.C. The aforesaid fact is not denied.

¶11

In such circumstances, this Court does not find any good ground to grant indulgence. Liberty however is granted to applicant to apply for regular bail which may be considered and decided expeditiously.

¶12

Order Date : - 24.4.2025 Subodh/-

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

Yawar Ali Khan Nanhan Zariwala Mohammed Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Yawar Ali Khan Nanhan Zariwala Mohammed Ali Khan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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