Allahabad High Court
Irshad Ahmad vs State Of U.P. on 5 October, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:191901
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1963 of 2023
Applicant :- Irshad Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Khalid Mahmood,Mohd. Kashif
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed today on behalf of the applicant is taken on record.
3. Heard Sri Abdul, learned Advocate holding brief of Sri Khalid Mahmood, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State as well as perused the record.
4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.1377 of 2018 registered under Sections 409, 420, 467, 468, 471, 120B IPC and Section 66C IT Act and Section 39Da Adhar (Targeted Delivery of Financial and Other Subsidy Benefit Services) Act, 2016, 3/7 E.C. Act, P.S.- Lisari Gate, District- Meerut with a prayer to enlarge him on anticipatory bail.
5. As per prosecution story, applicant is stated to be proprietor of fair price shop and he is stated to have committed forgery in the records by showing having issued rations to some fake persons.
6. Learned counsel for the applicant has stated that the applicant has nothing to do with the said offence. He has been falsely implicated in the present case. He is an old person of 80 years of age. He is running the said fair price shop for more than 20 years and there have been no complaint ever filed against the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There are no criminal antecedents of the applicant. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Irshad Ahmad s/o Late Saleem 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 applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that the applicant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant 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 concerned shall have the liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
(Justice Krishan Pahal)
Order Date :- 5.10.2023
P Kesari
