Allahabad High Court
Mohd Afaq vs State Of U.P. And Another on 23 May, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:93276
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3761 of 2024
Applicant :- Mohd Afaq
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abrar Ahmad Siddiqui,Ashfaq Ahmed Ansari,Shashi Kant Shukla
Counsel for Opposite Party :- Ankit Srivastava,Ch. Dil Nisar,G.A.
Hon'ble Deepak Verma,J.
1. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Sri Choudhary Dilnisar, learned counsel for opposite party No.2, learned A.G.A. for the State and perused the material brought on record.
2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 07 of 2022, under Sections 420, 120-B, 467, 468, 471 I.P.C., Police Station- Deoband, District- Saharanpur.
3. This is second anticipatory bail application. First anticipatory bail application was dismissed for want of prosecution vide order dated 07.02.2024.
4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Charge sheet has been submitted by the Investigating Officer. No offence under the aforesaid section is made out. Applicant challenged the charge sheet before this Hon'ble Court by filing Application U/s 482 No.7063 of 2023, the Hon'ble Court disposed off the application with direction that applicant shall appear before the court concerned and shall file appropriate application for bail and the same shall be decided in the light of Judgment of Hon'ble Supreme Court in Satendra Kumar Antil Vs. CBI and another. Applicant co-operated in the investigation proceedings. Applicant also challenged the FIR before this Hon'ble Court by filing Criminal Misc. Writ Petition No.807 of 2022, the Hon'ble Court vide order dated 08.02.2022, stayed the arrest of the applicants pursuant to the impugned FIR dated 06.01.2022.
5. Per contra, learned counsel for opposite party No.2 vehemently opposed the anticipatory bail prayer of the applicant and submitted that on perusal of statement of witness recorded during investigation as well as evidence collected during investigation, prima facie, offence is made out against the applicant. It is argued that applicant was not authorized by U.P. Sunni Central Waqf Board or Waqf Tribunal. It is further submitted that Assistant Survey Commissioner appointed by the Waqf Board has reported that this Committee was not authorized by the Board to discharge the functions and to realize the rent. Anticipatory bail of co-accused, namely, Ausaf Siddqui and another was rejected by this Hon'ble Court vide order dated 25.01.2023.
6. Counsel for the applicant has placed reliance over the judgment of this Hon'ble Court passed in the case of Shivam Vs. State of U.P. and another passed in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.2110 of 2021, in para 43(8) it has been held that anticipatory bail cannot be granted to an accused after submission of charge-sheet where the accused has unsuccessfully challenged the charge-sheet before this Court or any proceedings are pending before this Court regarding the charge-sheet submitted against the accused.
7. Considering the submissions advanced by learned counsel for the applicant as well as informant's counsel and the judgment passed by this Hon'ble Court, without going into the merits of the case, prima facie offence is made out against the applicant. No interference is warranted at this stage. I find no good ground for anticipatory bail to the applicant in the aforesaid case and anticipatory bail of the applicant deserved to be rejected.
8. Accordingly, the anticipatory bail application is rejected.
Order Date :- 23.5.2024
Nitin Verma
