The High Court dismissed a petition under Section 438 CrPC seeking anticipatory bail. The court held that specific allegations of cheating and fraud regarding untransferred funds demonstrated mala fide intention, making it inappropriate to grant bail.
Prayer for anticipatory bail was refused; criminal petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H'GH COURI FOR THE S? a r nvoenfJf.ooFTELANGANA
wEP):s_?lY rHE rENrH DAY oFMARoH , r wo rHousAND AND rwer.riv 6Ni,",
PRESENT
THE HONOURABLE JUSTICE G. SRI DEVI CRIMIN AL PETITIO NNO :, 132 OF 2021
Between:
Mohd. Raoof Mustafa, S/o ,Mohd.. Faqee.r pasha, Aged about 2g years, Occ. SBI customer service ooint Ryo. H.No.1'g_2_2247p;'Opp. zoo pJr(- A;ha-Ju-ipura, Hyderabad.
...PET|T|ONERUACCUSED No.3 AND
The State of Telangana, Through Bahadurpura police Station, Hyderabad Rep by Public prosecutor, High Court at Hyderabad.
...RESPONDENT/COMPLAINANT
Petition under Section 438 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant anticipatory bail to the Petitioner/Accused No. 3 in the event of his arrest in Crime No. 305 of 2020 of Bahadurpura Police Station, Hyderabad he shall release on bail pending investigation and trial.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Abdul Wahid Basha, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HONOURABLEJUSTICEG. SRI DEVI RI INALPTITON o 2ol 2021
ORDER:
This CriminalPetition,under Section 438 of the Code of Criminal Procedure,1973, is filed by petitioner/A3, seekingto grant anticipatory bailto him in Cr'No'305o'f 2O2O on the file of BahadurpuraPolice Station, HyderabadDistrict' registered for the offences underSections 420, 406, 409 readwith Section 34 IPC' 2.Heardlearnedcounselforthepetitioner/A3,learnedAssistant Public Prosecutorrepresentingthe respondent-State and perused the record.
2
c0nditions and he is discharging his duties as per the agreement without any remarks. He further submits that he is no way concerned with the alleged transaction of amount from the account of the husband of de-facto complainant. He also submits that the petitioner is a law abiding citizen and he is ready to abide by any condition imposed by this Court.
petition, shall stand dismissed.
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