MOHD. ADIL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
ABAIL/732/2025 · 2025-07-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148712 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148712 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38076 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 732 of 2025 Applicant :- Mohd. Adil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ripu Daman Shahi,Mohd. Imran,Mohsin Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 69/2023, under Sections 420/467/468/471/506 I.P.C., P.S. Aliganj, District Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State According to the prosecution case, an amount of Rs. 1,39,000/- was fraudulently transferred from the informant’s savings account maintained at H.C.B.L. Cooperative Bank to the account of the applicant without the informant’s consent. It is alleged that the Branch Manager of the bank, Ashish Khare, committed this forgery. The Branch Manager is stated to have admitted his mistake in the presence of the applicant and assured that the informant's money would be returned. An affidavit to this effect was also submitted by the Branch Manager at the police station, which forms part of the case diary. However, since no money has been refunded to the informant, an FIR was registered.
Learned counsel for the applicant submits that the applicant had no role in the alleged transaction. It is contended that the applicant’s account was misused by the Branch Manager, who
transferred the amount from the informant’s account and, as per the affidavit filed by the Branch Manager, also withdrew the money without informing the applicant. The applicant is stated to be innocent and has no criminal antecedents. Learned counsel further submits that the applicant undertakes to cooperate with the investigation. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the the affidavit submitted by the Branch Manager, which is part of the case diary; the fact that the applicant has no previous criminal record; the offence is triable by a Magistrate and the undertaking given by the applicant to cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O.
concerned
call(s)
for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The anticipatory bail application is allowed.
Order Date :- 4.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench