Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32858 of 2019 Applicant :- Rashid Ali And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ahmed Faizan,Sri. S.F.A. Naqvi (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.F.A. Naqvi, learned Senior Advocate, assisted by Sri Syed Ahmed Faizan and Sri F. Husain, learned counsels for the applicants as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Learned counsel for the applicant has submitted that the allegations made by the first informant in the F.I.R. that the applicants after forging a receipt that the first informant has sold the property to the applicants have illegally taken the possession of her house. It is also alleged that thereafter the applicants filed a suit in the court of Civil Judge and by misrepresentation of facts have obtained order in their favour from the court. However, the applicants entered in her house on the basis of forged documents. Learned counsel has argued that in fact the applicants had instituted a suit for permanent injunction in which injunction has been granted in favour of the applicants.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the facts and circumstances of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Rashid Ali, Danish Ali and Yasar Ali involved in Case Crime No. 1213 of 2019, under Sections 420, 467, 468, 471, 380, 506 I.P.C., Police Station- Baghpat, District- Baghpat, they 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 each of them 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 applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) the applicants 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 officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 applicants.
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 certified 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 applicants.
The applicants are directed to produce a certified 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 present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 22.8.2019 Vikas