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2025 DAILYLAW 162442 (ALL)

AZHAR MUSTAFA KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/7435/2025 · 2025-09-10

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7435 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Sri Anoop Kumar Upadhyay, Advocate has filed his Vakalatmana on behalf of opposite party No.2 today in Court. The same is taken on record. Sri Anoop Kumar Upadhyay, learned counsel for the opposite party No.2 and learned A.G.A. contend that the offence of cheating is disclosed from a perusal of the F.I.R. and the supporting evidences in the record. Admittedly, a total sum of Rs. 30 lacs was deposited in the bank account of applicant Nos. 1 and 2 collectively. However, the sale deed of only Eleven Lacs Twenty Eight thousand was executed, clearly the intent of the applicants from the very inception was to cheat the opposite party No.2. Faced with this, Shri Nishant Srivastava and Sri Vivek Kumar Singh, learned counsel for the applicants submits that they do not wish to press the relief sought in the instant 482 Cr.P.C. application. The relief sought in the application is accordingly declined. Learned counsel for the applicants recasts his relief and submits that the applicants may be permitted to approach the learned trial court for bail/interim bail which may be processed expeditiously Versus Counsel for Applicant(s) : Nishant Srivastava, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Azhar Mustafa Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) and as per law. Sri Anoop Kumar Upadhyay, learned counsel for the opposite party No.2 and learned A.G.A. do not have any serious objection to the aforesaid prayer. In wake of the preceding submissions, interest of justice will be served by disposing of the application with the following directions: (i). The applicants may approach the learned trial court for grant of interim bail/bail application as may be advised. (ii). The learned trial court is directed to decide the interim bail /bail application expeditiously as per relevant holdings of various constitutional Courts including the law laid down by the Supreme Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, rendered in Special Leave to Appeal (Crl.) No.5191 of 2021. The Application U/S 482 Cr.P.C. is disposed of. September 10, 2025 Arvind A482 No. 7435 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench