The High Court dismissed a petition for anticipatory bail filed by an accused under Section 438 CrPC, 1973, in a case involving alleged debit fraud from an NRI account, holding that the nature of allegations indicated mala fide intent.
Prayer for anticipatory bail refused; criminal petition dismissed.
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IN THE HIGH COURT FOR THE STATEOF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TENTH DAYOF MARCH TWO THOUSAND AND TWENTYONE
PRESENT
THE HONOURABLEJUSTICEG SRI DEVI
CRIMI NAL PETITION NO: 93OF2021
Between:
Mohd. Raoof Mustafa,S/o. Mohd. FaqeerPasha,Aged about 28 years, Occ SBl lrrtor"i servicepoint H.No.19-2-224lP,Opp.Zoo Park,Bahadurpura, Hyderabad.
Petitioner/AccusedNo.3
AND
TheStateofTelangana,ThroughBahadurpuraPoliceStation,Hyderabad' iepiesenieO by Pu6licpiosecutor,HighCourt, at Hyderabad
...RespondenUComPlainant
Petition under Section438 of cr.P.c praying that in the circumstancesstated in the Memorandumof Grounds of Criminal Petition, the High Courtmaybe pleased togrant anticipatorybail to the Petitioner/Accused No. 3 in the event of his arrestin crime No. 3O7 ol2o2o of Bahadurpura Policestation, Hyderabadhe shall release on bailpending investigationand trial.
ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminalPetitionand upon hearingthe argumentsof Sri Abdulwahad Basha, Advocate forthe Petitioner and the Assistant Public Prosecutoron behalf of the Respondent.
The Court made thefollowing:ORDER
,//
THE HONOURABLE JUSTICE G. SRIDEVI
CRIMINAL PETIT ON No.93 ot 2021
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A3, seeking to grant anticipatory bail to him in Cr.No.307 of 2O2O on the file of Bahadurpura Police Station, Hyderabad District, registered for the offences under Sections 420,406,409 read with Section 120_B lpC. 2. Heard learned counsel for the petitioner/A3, learned Assistant Public Prosecutor representing the respondenlState and perused the record.
2
conditions and he isdischarging his dutiesas per the agreement without any remarks.He further submits that he is no way concerned with theallegedtransaction of amountfrom the account of the de-facto complainant.He also submits that the petitioner is a law abiding citizenand he is ready to abide by any condition imposed by this Court.
L Miscellaneousapplications,if any pending in this criminal
petition, shall sta nd dismissed.
Sd/.I.NAGALAKSHMI ASSISTANT REGIS ,TRUECOPY// SECTIONOFFICER
\ )-"
HIGH COURT
GSDJ
DATED:10/0312021
ORDER
CRLP.No.93 of 2021
s 14
1
o 23 MIR 2021
* *
DISMISSING THE CRIMINAL PETITION
2 issues framed by the court
Whether anticipatory bail should be granted to the accused under Section 438 CrPC, 1973 given specific allegations of fraudulent transfers to his account.
Whether the nature of allegations against the petitioner indicates mala fide intention warranting refusal of bail.
2 provisions across 2 enactments
Mohd. Raoof Mustafa
The State of Telangana
G. Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
