Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17781 of 2021 Applicant :- Firoz Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arun Kumar Tiwari, learned counsel for the applicant and Sri Satish Kumar Singh, learned counsel for the State and perused the record.
The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant- Firoz Khan, in Case Crime No. 286 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Kotwali, District Bareilly.
The allegations against the applicant is that he indulged in getting the documents forged and also getting the court records forged so as to be the beneficiary in the said matters. He paid money to one Ramod Kumar Saxena who has assured him of getting work done even in Bareilly, on which the applicant had parted with money to him and the deal was settled for Rs. 5 lakhs. There were lawyers engaged and petitions filed in Bareilly and even in the High Court in larger conspiracy of the matter.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It was Ramod Kumar Saxena, who had engaged the lawyers who had pleaded the cases. The payments were also done by Ramod Kumar Saxena only which is the version of the first information report. Learned counsel has further argued that the applicant has not done any act which can be said to be illegal. It is argued that co-accused Chokhey Singh, Ramod Kumar Saxena and Makruddin, have been granted anticipatory bail by co-ordinate Benches of this Court vide orders dated 05.11.2020, 04.01.2021 and 27.01.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 7357 of 2020, 6683 of 2020 and 1569 of 2021, the copy of the said orders have been produced before the Court which are taken on record. It is argued that at best, the case against the applicant would be under Section 120-B I.P.C. only. The applicant has no criminal history as stated in para 11 to the affidavit.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that there are serious allegations against the applicant of forging records and even in the present case, the court records were forged. There has been a big conspiracy for the benefit of the accused persons. The applicant is also a beneficiary in the present case.
After having heard the learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. There are serious allegations against him. The first information report has been registered after full-fledged enquiry. In so far the co-accused who have been granted anticipatory bail is concerned, their cases are distinguishable with that of the applicant.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of anticipatory bail to the applicant- Firoz Khan, involved in Case Crime No. 286 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Kotwali, District Bareilly.
Accordingly, the anticipatory bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 22.10.2021 AS Rathore (Samit Gopal,J.)