Dismissed¶11

Maskoor Khan v. State of U.P. and Another

Allahabad HC6 Jul 2025ABAIL/7622/2024

Case brief

AI extract

What is this about?

Anticipatory bail refused; Section 438 CrPC application; Maskoor Khan; Case Crime no. 25 of 2023; Section 420 I.P.C.; cheating offence; Police Station Kemari; District Rampur; credible oral and documentary evidence of complicity; no criminal antecedents claim; undertaking to cooperate with investigation; A.G.A. opposition; liberty to apply for regular bail; Satendra Kumar Antil v. CBI bail guidelines; High Court of Judicature at Allahabad; Dr. Gautam Chowdhary, J.; order dated 7.7.2025.

What did the court decide?

Liberty granted to the applicant to move for regular bail before the concerned Court below, whose consideration is to follow the Satendra Kumar Antil Vs. CBI guidelines without fettering discretion and statutory provisions governing grant of bail. ¶11

Maskoor Khan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Maskoor Khan, is entitled to anticipatory bail under Section 438 Cr.P.C. in Case Crime no. 25 of 2023, under Section 420 I.P.C., Police Station Kemari, District Rampur.

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Court's answer

Perusal of the record shows the investigating officer collected credible evidence against the applicant during investigation and his complicity is supported by oral as well as documentary evidence; the Court held that counsel for the applicant could not point out any good ground for grant of anticipatory bail.

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Ratio / Principle

The prayer to grant anticipatory bail is refused.

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Key takeaways

It remains open to the applicant to move for regular bail before the concerned Court below; on such an application, the Court below is expected to consider and decide it keeping in mind the guidelines for grant of bail laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), single bench of Dr. Gautam Chowdhary, J., order dated 7.7.2025: anticipatory bail application u/s 438 CrPC (Crl. Misc. A.B.A. No. 7622 of 2024) by Maskoor Khan in Case Crime no. 25 of 2023, Section 420 I.P.C., P.S. Kemari, District Rampur, refused. Investigating officer had collected credible evidence; applicant's complicity supported by oral as well as documentary evidence; no good ground pointed out for grant of anticipatory bail. Applicant free to seek regular bail before the Court below, which shall consider it per guidelines laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (SLP(Crl.) No. 5191 of 2021, decided 07.10.2021), without fettering judicial discretion or statutory bail provisions.

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Neutral Citation No. - 2025:AHC:106355

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7622 of 2024

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Applicant :- Maskoor Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, Sri Chandan Singh, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime no. 25 of 2023, under Section 420 I.P.C., Police Station Kemari, District Rampur with the prayer that in the event of arrest, applicant may be released on anticipatory bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It has next argued that the applicant has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail.

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Learned A.G.A.has opposed the application for anticipatory bail.

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Perusal of the record shows that the investigating officer, during the course of investigation has collected credible evidence against the applicant and his complicity in commission of offence is supported by oral as well as documentary evidence and therefore, after hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any good ground for grant of anticipatory bail.

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Accordingly, the prayer to grant anticipatory bail is refused.

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However, it is open for the applicant to move regular bail before the concerned Court below. In case, such an application for bail is moved before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) , without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail.

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With the aforesaid observations/directions, the instant application stands disposed of.

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Order Date :- 7.7.2025 AS

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Maskoor Khan v. State of U.P. and Another

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Maskoor Khan v. State of U.P. and Another

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