Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32863 of 2019 Applicant :- Arshad Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohak Agarwal,Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
The prosecution case in brief is that the applicant had advanced a loan from the State Bank of Patiala after mortgaging a property showing her mother to be alive who was co-sharer in the property. However, the loan was not repaid, then the bank initiated recovery proceedings then it was found that the applicant's mother, co-sharer in the property, is already dead and when the bank initiated action of recovery proceedings the same has been stayed by the Death Recovery Tribunal on the objection raised by other heirs and co-sharers. There are serious allegations against the applicant of committing forgery on the bank and causing loss to the public exchequer.
Having heard learned counsel for the applicant, learned A.G.A. and considering the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, I find no good ground for grant of bail to the applicant- Arshad Khan involved in Case Crime No. 55 of 2018, under Sections 420, 467, 471 I.P.C., Police Station- North, District- Firozabad.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 26.8.2019 Vikas