Ramkaran Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

Ramkaran Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted in Case Crime No. 469 of 2020: in the event of arrest, applicant Ramkaran to be released on a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to conditions of cooperation in investigation and non-influence of witnesses, presence when called for investigation/interrogation, no departure from India without previous permission of the Court, and availability to the investigating agency to seek vacation of the protection on default; liberty protected till filing of police report u/s 173(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the applicant in Case Crime No. 469 of 2020 (FIR alleging sale of a hire-purchase vehicle on a fabricated No Objection Certificate), where he is indicated only as the subsequent purchaser, investigation is ongoing, and the court considers protecting his liberty till filing of the police report under u/s 173(2) Cr.P.C.

Court's answer

Upon consideration of submissions and material on record, the court found prima facie that the only allegation levelled against the applicant is of being complicit in the entire aspect, being the subsequent purchaser.

Ratio / Principle

There does not appear to be any specific allegation levelled against the applicant of being instrumental in forgery of the No Objection Certificate, and it is admitted that investigation in the matter is still ongoing.

Key takeaways

Without expressing any opinion on the merits of the case, the court decided that the liberty of the applicant may be protected till filing of the police report u/s 173(2) Cr.P.C., in view of the dictum of the Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi).ratio¶14
In the event of arrest, the applicant Ramkaran shall be released on anticipatory bail in the aforesaid Case Crime number on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, with conditions: cooperation in investigation and no influencing of witnesses (1); presence whenever called for investigation/interrogation (2); no leaving India without previous permission of the Court (3); and on default, liberty for the investigating agency to move for vacation of the protection (4).ratio¶15

Detailed headnote1 paragraphs

First anticipatory bail application under U/S 438 CR.P.C. (No. 2819 of 2024) by Ramkaran in Case Crime No. 469 of 2020 under Sections 419, 420, 467, 468, 471 & 120-B IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya, arising from an FIR alleging sale of a vehicle under hire purchase agreement on the basis of a fabricated No Objection Certificate. The court found prima facie that the applicant was alleged only to be complicit as the subsequent purchaser, with no specific allegation of his being instrumental in forgery of the No Objection Certificate, and that investigation was ongoing. Without expressing any opinion on the merits, and in view of the dictum of the Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi) (-2020 SCC online SC 98), the court protected the applicant's liberty till filing of the police report u/s 173(2) Cr.P.C. Application Allowed: in the event of arrest, release on personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O., conditioned on cooperation in investigation and non-influence of witnesses, presence when called, no leaving India without previous permission of the Court, and facility for the investigating agency to seek vacation of the protection on default. (Hon'ble Manish Mathur,J.; Order Date 8.5.2025)

Neutral Citation No. - 2025:AHC-LKO:27116

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2819 of 2024

Applicant :- Ramkaran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another

Counsel for Applicant :- Amit Kumar Singh,Prashansa Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant and learned AGA appearing on behalf of State. In view of order being passed, notice opposite party no.2 stands dispensed with.

This first anticipatory bail application has been filed with regard to Case Crime No. 469 of 2020 under Sections 419, 420, 467, 468, 471 & 120-B IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya.

As per contents of First Information Report, allegation levelled is of a vehicle which was under hire purchase agreement, being sold on the basis of fabricated No Objection Certificate.

It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from a perusal of the First Information Report itself in which applicant is indicated only as subsequent purchaser. It is submitted that there is no allegation levelled against applicant of having manufactured or submitted any forged document for purposes of registration of vehicle in his name. It is submitted that previous criminal history of applicant has already been explained.

Learned AGA appearing on behalf of State has opposed bail application with the submission that applicant is clearly complicit in the allegations levelled against him. It is, however, admitted that previous criminal history has been explained and investigation is still ongoing.

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that only allegation levelled against applicant is of being complicit in the entire aspect being the subsequent

purchaser. There does not appear to be any specific allegation levelled against applicant of being instrumental in forgery of the No Objection Certificate. It is admitted that investigation in the matter is still ongoing.

Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi) -2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicant- Ramkaran shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

(3) The applicant shall not leave India without previous permission of the Court.

(4) In case of default, it would be open for the investigating agency to move application for vacation of this protection.

The application stands Allowed .

Order Date :- 8.5.2025 Satish

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