Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15157 of 2021 Applicant :- Farhan U1 Haq Opposite Party :- State of U.P. Counsel for Applicant :- Ch. Dil Nisar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Neeraj Kumar Chaurasia holding brief of Sri Chuahdhary Dil NIsar, learned counsel for the applicant, Sri Raj Kumar Gupta, learned AGA for the State and perused the record.
Learned counsel for the applicant argued that implication of the applicant in the present case is with mala fide intention. While placing para-10 of the affidavit in support of anticipatory bail application, it is argued that cheques were taken away by the informant from the dash board of the applicant's car, after which one of the cheques was presented for encashment, which was dishonoured.
It is argued that although there is allegation that the first informant has given Rs. 7 Lakhs to the applicant and the said cheques were given in lieu of return of the said amount, but the same is false, as there is no evidence of giving of Rs. 7 Lakhs to the applicant by the first informant.
It is argued that in so far as the dishonour of the cheque is concerned, same would be subject matter under the Negotiable Instruments Act.
It is argued that the applicant has no criminal history as stated in para-5 of the affidavit.
Per contra, learned AGA opposed the prayer for anticipatory bail ad argued that the applicant while pleading in para-10 is trying to create his defence regarding dishonour of his cheque by stating that the cheques have been stolen from the dash board of his car. It is argued that applicant is involved in the present case.
After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is named in the FIR and there are allegations against him.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 23.10.2021 S.K.S.
(Samit Gopal,J.)