Allahabad High Court
Mohd. Shaheen vs State Of U.P. And Another on 7 October, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6805 of 2020 Applicant :- Mohd. Shaheen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Vikas Rana, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. for the State.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant, Mohd. Shaheen, seeking anticipatory bail in Case Crime No. 449 of 2020, under Sections 384, 406, 504, 506 I.P.C., P.S. Cantt, District Bareilly.
Learned counsel for the applicant states that the prayer in the present application be confined only during the pendency of the investigation / submission of police report and he presses the same only.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the dispute arose between the parties regarding lending of money as some money was given by the opposite party no. 2 to the applicant which was returned by him through cheques and one of the cheque which was presented was dishonoured. It is argued that the FIR has been lodged with malafide intentions in a matter which was basically a civil dispute and even the dishonour of the cheque would attract proceedings under Section 138 of the Negotiable Instruments Act but without resorting to the said forum, the present FIR has been lodged just to falsely implicate and create pressure upon the applicant. It is further argued that the applicant was previously involved in 03 cases as stated in paragraph 14 of the affidavit in which in the two cases final reports have been submitted after investigation and in the third case he is on bail and charge-sheet has been submitted. It is argued that except for the aforesaid cases the applicant is not involved in any of the other cases as stated in paragraph 14.
Learned A.G.A. opposed the prayer for bail.
After having heard the learned counsel for the parties and perusing the record, it is apparent that admittedly the dispute is between the parties with regard to lending of money and its repayment being done through three cheques out of which one cheque which was presented was dishonoured.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Mohd. Shaheen, involved in Case Crime No. 449 of 2020, under Sections 384, 406, 504, 506 I.P.C., P.S. Cantt, District Bareilly, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.10.2020 AS Rathore (Samit Gopal,J.)