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2025 DAILYLAW 139588 (ALL)

ABDUL RAHEEM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/460/2025 · 2025-05-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28542 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 460 of 2025 Applicant :- Abdul Raheem Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Chandra Tewari,Yogendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Chandra Tewari, the learned counsel for the applicant and Sri Puneet Kumar Yadav, the learned State Counsel and perused the record. 2. The instant application has been filed seeking anticipatory bail for the applicant in F.I.R. bearing Case Crime No. 186 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120-B I.P.C, registered at Police Station Tulsipur, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.07.2024 against five named persons, including the applicant and some unnamed witnesses, stating that in the year 2010, it had come to light that the informant's land had got mutated in the name of Bhartiay Mahila Sansthan of which co-accused Rizwan Zaheer was the chair person. The informant took appropriate steps and the land was again recorded in his name and the name of Bhartiya Mahila Sansthan was struck out in the year 2010. The informant stated that the gift deed executed in favour of Bhartiaya Mahila Sansthan was forged and fictitious. The applicant is an advocate and he had drafted the gift deed. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Earlier the applicant had filed Criminal Misc. Writ Petition No. 6795 of 2025 and a Division Bench of this court had passed an interim order dated 18.09.2024 staying arrest of the petitioner in his case till filing of a police report. 6. The investigating officer has submitted a charge sheet on 26.01.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation levelled against the applicant is that he had drafted a gift deed in the year 2002 on the basis whereof, the land of the informant was mutated in favour of an organization, which mutation was later on cancelled and the name of the informant was re- recorded way back in the year 2010; that besides having drafted a gift deed while performing his professional duty as an advocate, there is no other allegation against the applicant; that the applicant has no criminal history and a division bench of this court had stayed his arrest till filing of the charge sheet; that the investigation already stands concluded, I am of the view that the applicant is also entitled to be granted interim anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Abdul Raheem Khan before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 15.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench