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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Abdul Raheem Khan in F.I.R. Case Crime No. 186 of 2024, P.S. Tulsipur, District Balrampur — in the event of arrest/appearance before the Trial Court, release on furnishing personal bond and two solvent sureties each in the like amount, subject to five conditions (availability for interrogation; no inducement/threat/promise to dissuade disclosure or tampering with evidence; no leaving India without previous permission of the court; appearance before the trial court on each date fixed unless exempted; no pressurising/intimidating prosecution witnesses).

Issue for consideration

Whether the applicant, Abdul Raheem Khan, is entitled to anticipatory bail under Section 482 BNSS in F.I.R. bearing Case Crime No. 186 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120-B I.P.C, Police Station Tulsipur, District Balrampur, wherein his only alleged role is having drafted a gift deed alleged to be forged.

Court's answer

Considering that the only allegation against the applicant is that he drafted a gift deed in 2002 in performance of his professional duty as an advocate, on the basis of which the informant's land was mutated but the mutation was later cancelled and the informant's name re-recorded way back in 2010; that there is no other allegation against him; that he has no criminal history; that a Division Bench had stayed his arrest till filing of the charge sheet; and that the investigation already stands concluded, this Court held the applicant entitled to anticipatory bail.

Ratio / Principle

In the event of arrest or appearance of the applicant before the Trial Court in the aforesaid case crime, he is to be released on anticipatory bail upon furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of the S.H.O./Court concerned, subject to the enumerated conditions (availability for interrogation; no inducement, threat, promise, tampering or intimidation of witnesses; no departure from India without previous permission; appearance on each date fixed unless exempted).

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.; order dated 15.5.2025) allowed an anticipatory bail application under Section 482 BNSS moved by Abdul Raheem Khan, an advocate arraigned in F.I.R./Case Crime No. 186 of 2024 under Sections 419, 420, 467, 468, 471, 506, 120-B I.P.C, P.S. Tulsipur, District Balrampur. The FIR (lodged 28.07.2024) alleged that a gift deed of 2002 executed in favour of Bhartiya Mahila Sansthan was forged and fictitious and that the applicant had drafted it; pursuant thereto the informant's land stood mutated in the Sansthan's name until the mutation was cancelled and the land re-recorded in the informant's favour way back in 2010. Holding that drafting the deed in his professional capacity was the sole allegation, that the applicant had no criminal history, that a Division Bench (in Criminal Misc. Writ Petition No. 6795 of 2025) had stayed his arrest till filing of the police report, and that the investigation stood concluded (charge sheet dated 26.01.2025), the Court directed that on arrest or surrender the applicant be released on a personal bond with two solvent sureties, each in the like amount, subject to standard conditions including availability for interrogation, non-tampering, non-intimidation of witnesses, no exit from India without permission, and appearance on every date fixed.

Neutral Citation No. - 2025:AHC-LKO:28542

Court No. - 15

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 460 of 2025 Applicant :- Abdul Raheem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Chandra Tewari,Yogendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Rakesh Chandra Tewari, the learned counsel for the applicant and Sri Puneet Kumar Yadav, the learned State Counsel and perused the record.

The instant application has been filed seeking anticipatory bail for the applicant in F.I.R. bearing Case Crime No. 186 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120-B I.P.C, registered at Police Station Tulsipur, District Balrampur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.07.2024 against five named persons, including the applicant and some unnamed witnesses, stating that in the year 2010, it had come to light that the informant's land had got mutated in the name of Bhartiay Mahila Sansthan of which co-accused Rizwan Zaheer was the chair person. The informant took appropriate steps and the land was again recorded in his name and the name of Bhartiya Mahila Sansthan was struck out in the year 2010. The informant stated that the gift deed executed in favour of Bhartiaya Mahila Sansthan was forged and fictitious. The applicant is an advocate and he had drafted the gift deed.

In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

Earlier the applicant had filed Criminal Misc. Writ Petition No. 6795 of 2025 and a Division Bench of this court had passed an interim order dated 18.09.2024 staying arrest of the petitioner in his case till filing of a police report.

The investigating officer has submitted a charge sheet on 26.01.2025.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation levelled against the applicant is that he had drafted a gift deed in the year 2002 on the basis whereof, the land of the informant was mutated in favour of an organization, which mutation was later on cancelled and the name of the informant was rerecorded way back in the year 2010; that besides having drafted a gift deed while performing his professional duty as an advocate, there is no other allegation against the applicant; that the applicant has no criminal history and a division bench of this court had stayed his arrest till filing of the charge sheet; that the investigation already stands concluded, I am of the view that the applicant is also entitled to be granted interim anticipatory bail.

In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Abdul Raheem Khan before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(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 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.

Order Date :- 15.5.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench