Imtiyaz Ahmad v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. U.P. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2442 of 2023 Applicant :- Imtiyaz Ahmad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. U.P. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gulam Mustafa, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.20 of 2021, under Section 406 I.P.C., registered at Police Station Gangaghat, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.02.2021 alleging that the informant had paid Rs.5.25 Lakh to the applicant on 15.05.2014 for purchasing his land for a total sale consideration of Rs.5.5 Lakh. It was settled that the sale deed will be executed later after the applicant's name is mutated on the basis of succession and the informant pays the balance amount of Rs.25,000/-. However, the applicant did not execute the sale deed even after expiry of six months and he has not returned the money. The FIR requests the S.H.O. to return the land or the money of the informant.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the money was allegedly paid on

15.05.2015 without execution of registered agreement for sale of immovable property and through the FIR the informant has prayed for return of his money or transfer of land, which reliefs can only be sought by filing a civil suit; and that the applicant has no criminal history coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Imtiyaz Ahmad before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 1.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench