Reserved On:- 16.12.2020 Delivered On:- 05.01.2021 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8790 of 2020 Applicant :- Mohd. Shadab Husain @ Shadab Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed,Sharique Ahmed Counsel for Opposite Party :- G.A.,Mohd Aadil Siddiqui
Hon'ble Siddharth, J.
1. Heard Shri Saiyad Iqbal Ahmed, learned counsel for the applicant, Mohd. Aadil Siddiqui and Shri Syed Faiz Hasnain, learned counsel for the informant and learned A.G.A for the State.
2. Counter affidavit filed by counsel for the informant is on record.
3. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Mohd. Shadab Husain @ Shadab Husain, in Case Crime No.- 289 of 2020, under Sections- 420, 467, 468, 471 IPC, Police Station- Dilari, District- Moradabad.
4. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
5. There is allegation against the applicant in the FIR that he forged a letter, head seal, etc., of the society in dispute involved in business of purchasing and selling fertilizer. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The society in dispute is duly registered before the Registrar and a certificate dated 13.08.2004 has been brought on record. He has submitted that the opposite party no. 2 was President of the society and one, Mohd. Khalid, was his Secretary. They were running the society since 13.08.2004 to 22.01.2020.
6. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case along with five other cases of similar nature. In all the cases the allegations are almost similar. FIR's have been lodged by private persons and also government officials regarding the same allegations. The investigation is still under progress. The applicant has been falsely implicated in this case.
7. Counsel for the informant has vehemently opposed the bail application and has pointed out that the applicant has criminal history of 8 cases including the present case. He has submitted that the applicant has committed cheating and forgery. The applicant has criminal history of one more case at the District- Rampur regarding similar offences. The brother of the applicant, Intekhab Husain, was arrested in Case Crime No. 406 of 2020.
8. After considering the rival contentions this court finds that the allegations made against the applicant are regarding cheating and fabrication of document with the applicant denies. He has been enlarged on anticipatory in two such cases being Criminal Misc. Anticipatory Bail Application No. 9027 of 2020 and 9023 of 2020 protecting him from arrest till the submission of police report. The applicant has definite apprehension that he may be arrested by the police any time.
9. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.
10. In the event of arrest of the applicant 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 furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer/ Court of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer 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 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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
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, independently without being prejudiced by any observations 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 downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order date:- 05.01.2021 Rohit