Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31941 (ALL)

IMRAN KHAN v. STATE OF U.P. AND ANOTHER

NABAIL/2424/2025 · 2025-09-10

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2424 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Vipin Gangwar, learned counsel for the informant, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 656 of 2023, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station Baheri, District Bareilly. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is a bona fide purchaser of the land in dispute. The stamp fees as well as the sale-consideration was duly paid by the applicant. The applicant himself is the victim of the fraud. The applicant has not forged or manipulated any documents. The essential ingredients to constitute the alleged offences are not made out. Further, the informant has already instituted a civil suit in the court of the Civil Judge (Junior Division), Baheri, Bareilly, being Suit No. 167 of 2023 (Nazeer Ahmad and others v. Imran and others), for cancellation of the sale-deed. The said suit is pending consideration before the court concerned. In order to further harass the applicant, the instant prosecution has been instituted. Versus Counsel for Applicant(s) : Bal Gopal Pandey, Raj Kamal Tripathi Counsel for Opposite Party(s) : G.A., Vipin Gangwar Imran Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The criminal history of the applicant has been explained in Paragraph- 19 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that the applicant is the purchaser of the land in dispute; the stamp fees as well as the sale-consideration was duly paid; the essential ingredients to constitute the alleged offences are not made out; the informant has already instituted a civil suit in the court of the Civil Judge (Junior Division), Baheri, Bareilly for cancellation of the sale-deed which is pending consideration; investigation has been completed; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Imran Khan, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; NABAIL No. 2424 of 2025 2 (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 11, 2025 SKT/- NABAIL No. 2424 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad