Suhel Khan v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2836 of 2023 Applicant :- Suhel Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rishi Raj,Nilesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Rishi Raj, the learned counsel for the applicant as well as Sri J.S. Tomar, the learned Additional Government Advocate-I 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.0012 of 2023, under Sections 406, 409, 420, 506, 467, 468, 471, 120-B I.P.C., registered at Police Station Satrikh, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.01.2023 against the applicant and one Vishal Rao Chandel stating that the informants had entered into an agreement to purchase land on 10.07.2018, the period whereof expired on 10.07.2021 but the accused persons did not transfer the land to the informants.

¶4In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in two other cases has been disclosed in the affidavit filed in support of application, in both of which the applicant has been granted anticipatory bail.

¶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 as per the averments made in the F.I.R. the agreement to purchase immovable properties had not been registered; that there is no averment regarding payment of entire sale consideration and apparently no suit for specific performance of contract has been filed and the F.I.R. appears to have been filed because of the informants' grievance, which is predominantly civil in nature 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-Suhel Khan 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 :- 11.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench