Zulfikar Alam vs State Of U.P.
2022 Latest Caselaw 5288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5169 of 2022
 

 
Applicant :- Zulfikar Alam
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rahul Saxena
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Rahul Saxena, learned counsel for the applicant, Sri Arvind Kumar, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicant has made a prayer to release him on anticipatory bail in Case Crime No.565 of 2021, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Civil Lines, District Moradabad.

Notice on behalf of the State has been received by the learned AGA and the learned AGA has also received the instruction in this regard.

Learned counsel for the applicant submitted that the applicant, on the basis of totally false allegation, who was pairokar of the accused-Zafar, was implicated in the present case. He further submitted that neither any forgery nor any fraud was committed by the applicant and the applicant was not even surety of accused-Zafar and he is the only pairokar and without any proper evidence he was falsely implicated in the present case. He further submitted that the applicant having no criminal history and, therefore, may be released on anticipatory bail in this case.

Per contra, learned AGA submitted that the FIR of the present case was lodged on 4.7.2021 and about one year has already been passed and, therefore, it cannot be said that the applicant is having apprehension of arrest in this case. He further submitted that as per instruction, process under Section 82 Cr.P.C. has been issued against the applicant and, therefore, he should not be released on anticipatory bail.

FIR of the present case shows that it was lodged on 4.7.2021 and almost one year has already been passed and, therefore, it appears that there is no immediate apprehension of arrest of the applicant in the instant matter and further as process under Section 82 Cr.P.C.has already been issued by the court concerned against the applicant, therefore, in view of the judgment of the Apex Court in the case of Prem Shankar Prasad Vs. The State of Bihar and another reported in 2021 AIR (SC) 5125, he is not entitled to be released on anticipatory bail.

Accordingly, the present application filed on behalf of the applicant is dismissed.

Order Date :- 20.6.2022

SKM