Mohammad Vaseem vs State Of U.P. Thru. Prin. Secy, ...
2023 Latest Caselaw 4242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 313 of 2023
 

 
Applicant :- Mohammad Vaseem
 
Opposite Party :- State Of U.P. Thru. Prin. Secy, Home, Civil Sectt, Lko
 
Counsel for Applicant :- Amar Singh,Abdul Malik
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.

The present application has been filed seeking anticipatory bail in case crime No.333/2019 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Wazirganj, district Lucknow.

Learned counsel for applicant submits that the applicant is innocent and he has committed no offence. The first information report has been lodged after delay of three years. The applicant is only a witness to the sale deed. On earlier occasion, final report was filed. However, on account of further investigation, the applicant is apprehending arrest.

Learned A.G.A. has opposed the prayer for anticipatory bail and he submits that the applicant is not a marginal witness. In fact, a perusal of statement of Mohammad Mustafa recorded under section 161 CrPc shows that it is the applicant who is actively involved in providing land to Mohd. Mustafa. There is a clear allegation of committing offence in the statement of Mohammad Mustafa against the applicant only. It is not a case of false implication.

On due consideration to the submission advanced, perusal of the record as also statement of Mohammad Mustafa, I am not inclined to grant anticipatory bail to the applicant as this case does not come under the parameters of grant of anticipatory bail.

The application is dismissed.

At this state, learned counsel for the applicant submits he may be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Criminal appeal No.929 of 2021 Aman Preet Singh versus C.B.I. through Director.

It is provided that in case the applicant files a regular bail application within two weeks from today, the same be decided expeditiously, keeping in view the law laid down by Supreme Court in Criminal appeal No.929 of 2021 Aman Preet Singh versus C.B.I. through Director.

Order Date :- 9.2.2023

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