Matloob And Another vs State Of U.P. And Another
2023 Latest Caselaw 23502 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:172247
 
Court No. - 71
 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6642 of 2023
 
Applicant :- Matloob And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Farid Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr. Farid Ahmad, learned counsel for the applicants and the learned A.G.A for the State.

2. This application has been moved on behalf of the applicants-Matloob and Mehmood seeking anticipatory bail in Case Crime No. 247 of 2017 under Sections 379 and 511 I.P.C., Police Station Nangal, District Bijnor.

3. Vide order dated 08.06.2023 passed by another co-ordinate Bench of this Court, the applicants were granted interim order in favour of the applicants.

4. Notice issued to the opposite party no.2 has been served but nobody has appeared.

5. Learned counsel for the applicants are innocent and have been falsely implicated. The opposite party no.2 is the real aunt of the applicant. Both are close relative to each other. As per allegation, the applicants had throw out a 20 years old Dalbergia sissoo (sheesham tree) by J.C.B. Machine. As per statement of the witnesses, there was dispute between the parties regarding demarcation of agricultural land. He further submits that during investigation, the applicants have fully cooperated in the investigation.

6. Considering the facts of the cases, the interim order granted earlier is confirmed. The applicants shall remain on anticipatory bail in the light of the judgment of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

7. The present anticipatory bail application is, accordingly, allowed.

Order Date :- 25.8.2023

Ajeet