Asif Mustafa vs State Of U.P.And Another
2022 Latest Caselaw 5172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4426 of 2022
 
Applicant :- Asif Mustafa
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Manoj Kumar,Manish Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.980 of 2021, under Sections 420, 406 IPC, Police Station Sector-20 Noida, District Gautam Buddha Nagar, during the pendency of investigation.

Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case, in fact, no such incident has taken place. The dispute is purely civil in nature, therefore, no offence under Sections 420, 405 IPC is made out against the applicant.

Learned AGA has vehemently opposed the prayer for anticipatory bail.

From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant.

Accordingly, the prayer for grant of anticipatory bail to the applicant is hereby refused.

However, it is provided that in case the applicant applies for bail before the court below, the same shall be decided in view of the judgment in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

In view of the above, the present application is disposed of.

Order Date :- 13.6.2022

Ajeet