Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20945 (ALL)

MANZOOR HASAN v. STATE OF U.P. AND ANOTHER

NABAIL/1704/2025 · 2025-07-23

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:123272 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1704 of 2025 Applicant :- Manzoor Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- Ankit Srivastava,Ch. Dil Nisar,G.A. Hon'ble Vivek Varma,J. 1. Copy of the sale deed dated 22.09.2018 executed by the applicant in favour of the informant produced by learned AGA, is taken on record. 2. Heard Sri Saurabh Kumar, counsel for the applicant, Sri Ankit Srivastava, counsel for the informant-opposite party no.2 as well as Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.150 of 2024, under Sections 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station- Kutubsher, District- Saharanpur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is a handicapped person. No offence is made out against the applicant. Criminal history of the applicant has been explained in para 3 of the second supplementary affidavit. It is next contended that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail. 6. After having heard counsel for the parties and having perused the record, this court prima facie finds that the applicant sold the property in dispute to the informant on 22.09.2018. Prior to the execution of sale-deed, a loan of Rs. 60,00,000/- (sixty lakhs) was taken from the Indian Overseas Bank, SME Branch, Delhi Road, Saharanpur by M/s Star Enterprises, Nadeem Colony, Eidgah Road, Saharanpur. The proprietor of the said firm was the co- accused Mazhar Hasan and the guarantor of the said loan was the applicant (Annexure-5 to the bail application). The sale deed dated 22.09.2018 records that the land is free from all encumbrances. 7. The non disclosure of the fact that the disputed property had been already mortgaged to Indian Overseas Bank indicates that the applicant had an intention to cheat the informant from the very inception. 8. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 24.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad