Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4345 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Sri Chaudhary Dil Nisar, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.981 of 2013, under Sections 419, 420, 467, 468, 471, 120-B IPC and Section 13(1)D, 13(2) of P.C. Act, Police Station Subhash Nagar, District Bareilly with a prayer to enlarge him on anticipatory bail during trial. 3. Learned counsel for the applicant submits that on the basis of false allegation that applicant, who was teacher in an educational institute along with others by making forgery and cheating prepared transferred orders but entire allegations levelled against the applicant are totally false. 4. He next submits that during investigation, when applicant filed the instant anticipatory bail application then Co-ordinate Bench of this Court on 18th April, 2023 enlarged him on interim anticipatory bail. 5. He next submits that now investigation of the case has been completed and on 20th August, 2023 charge-sheet has been filed against the applicant and on 15th July, 2024 cognizance has also been taken in the matter. 6. He next submits that as during investigation, applicant was on interim anticipatory bail, therefore, now there is no occasion to send him jail and therefore, considering the above facts, the interim anticipatory bail granted to the applicant vide order dated 18th April, 2023 may be confirmed. Versus Counsel for Applicant(s) : Ankit Srivastava, Ch. Dil Nisar Counsel for Opposite Party(s) : G.A. Shahid Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant along with others by cheating and forgery prepared fake transfer orders but it reflect, during investigation of the case, when he filed instant anticipatory bail application then Co-ordinate Bench of this Court on 18th April, 2023 enlarged him on interim anticipatory bail. 10.
Further, now charge-sheet has been filed in the matter and after submission of the charge-sheet, custodial interrogation of the applicant is not required in the present matter and there is also no allegation against him that he did not co-operated with the investigation. 11. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 18th April, 2023 is hereby confirmed. The applicant-Shahid Khan shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 18th April, 2023 while enlarging him on interim anticipatory bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 13. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses September 24, 2025 Zafar ABAIL No. 4345 of 2023 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad