Allahabad High Court
Rijwan Ali And 2 Others vs State Of U.P. on 18 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12731 of 2022
Applicant :- Rijwan Ali And 2 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Anjani Kumar Raghuvanshi,Saher Naqvi,Sujan Singh
Counsel for Opposite Party :- G.A.,Anil Kumar Pal,Pankaj Kumar Gupta
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Personal affidavits on behalf of the applicants filed today are taken on record.
3. Heard Ms. Princess Mahi @ Saher Naqvi, learned counsel for the applicants, Sri Pankaj Kumar Gupta, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the records.
4. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.930 of 2019, under Sections 420, 467, 468, 471 and 506 I.P.C. at Police Station Colonelganj, District Prayagraj with a prayer to enlarge them on anticipatory bail.
5. The FIR was lodged by Rakesh Kumar, an ex-army-man, with the allegations that co-accused person Princes Mahi @ Saher Naqvi had taken Rs.20 lakhs from him in the year 2018 to get his wife admitted to a job in junior high school. She had even introduced the informant to one Rajeev Tripathi at the office of BSA. The co-accused person Princes Mahi @ Saher Naqvi is stated to have neither returned the amount nor got the said job to his wife and she kept on dilly dallying with him. On 1.1.2019, the co-accused person Princes Mahi @ Saher Naqvi is stated to have taken Rs.50 lakhs from the informant in lieu of a sale of a 200 square meters plot in Arazi No.86 of NK Mukherji Marg, Civil Lines, Allahabad. The said amount of Rs.50 lakhs was transferred from the account no.37438827327 of Kchipra Business Solution Pvt. Ltd. of State Bank, Branch Sub-Area Cantt., Prayagraj to the bank account no.6177000100027382 of co-accused person Princes Mahi @ Saher Naqvi through NEFT. It transpired later on that the documents of the said plot are fake and the said forgery has been committed by the applicants in conspiracy with co-accused person Princes Mahi @ Saher Naqvi. The applicants are stated to have fleeced and fooled the informant on one pretext or other and even threatened him.
6. The FIR was instituted at police station Colonelganj, Prayagraj on 25.10.2019 at about 01:12 a.m.
7. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. They have nothing to do with the said offence. There is noting on record to suggest that the applicants had acted in consonance with the main accused person Princess Mahi @ Saher Naqvi in the commissioning of crime, as such they have been falsely implicated on account of their relation with the main accused person Princess Mahi @ Saher Naqvi. The applicants are entitled for anticipatory bail as no overt act has been assigned to them in the FIR itself. There are general allegations against them. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. There are no criminal antecedents of the applicants. The applicants have apprehension of their arrest. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
8. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the anticipatory bail application and have stated that the applicants were hand in glove with the main accused person Princess Mahi @ Saher Naqvi and they are not entitled for anticipatory bail.
9. On due consideration to the arguments advanced by learned counsel for the applicants, learned counsel for the informant as well as learned A.G.A., taking into consideration the fact that the case of the applicants is at different footing to main accused person Princess Mahi @ Saher Naqvi, and considering the nature of accusations and antecedents of the applicants, the applicants are liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
10. In view of the above, the anticipatory bail application of the applicants is allowed. Let the accused-applicants- Rijwan Ali, Tarannum and Mohd. Arif be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicants shall make themselves available for interrogation by a police officer as and when required;
(ii). that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicants shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
(v). that the applicants shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 18.4.2023
Vikas
