Mohammad Mohasin Khan vs State Of U.P. And Another
2022 Latest Caselaw 2205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3510 of 2022
 

 
Applicant :- Mohammad Mohasin Khan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Prasad Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Ram Prasad Dubey, learned counsel for applicant and learned A.G.A. for State.

This application for anticipatory bail has been filed by applicant- Mohammad Mohasin Khan in connection with Case Crime No.182 of 2021, under Sections 406, 420, 504 I.P.C., Police Station and District- Siddharth Nagar.

Record shows that in respect of an incident, which is alleged to have occurred on 18.06.2021, a delayed F.I.R. dated 13.08.2021 was lodged by first informant Jugesh Verma and was registered as Case Crime No.182 of 2021, under Section 406 I.P.C., Police Station and District- Siddharth Nagar. In the aforesaid F.I.R., applicant Mohammad Mohasin Khan has been nominated as solitary named accused.

The gravamen of the allegations made in the F.I.R. is to the effect that a sum of Rs.30,00,000/- is alleged to be given by first informant to applicant. Applicant is alleged to have executed three cheques in favour of first informant for repayment. However, the said amount has not been returned/re-paid.

Prima facie from the allegations made in the aforesaid F.I.R., the liability appears to be admitted.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not find any exceptional ground to exercise its jurisdiction under Section 438 Cr.P.C.

Accordingly, the present application for anticipatory bail is rejected.

Order Date :- 6.5.2022

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