2021 Supreme(SC) 730

SUPREME COURT OF INDIA
(From the High Court of Judicature at Allahabad)
UDAY UMESH LALIT, S. RAVINDRA BHAT, BELA M. TRIVEDI, JJ.
MOHD. ALEEM – APPELLANT(S)
VERSUS
STATE OF U.P. & ANR. – Respondent(s)
Criminal Appeal No(s).1496 of 2021 (Arising out of SLP(Crl.)No. 4353 of 2021
Decided On : 25-11-2021

IMPORTANT POINT
Anticipatory bail can be granted in cases where accused is willing to undo financial fraud committed by him.

Headnote:

Criminal Procedure Code, 1973 – Section 438 – Indian Penal Code, 1860 – Sections 419, 420, 467, 468 and 471 – Anticipatory bail – Cheating and forgery charges – Allegation against appellant is that he fraudulently persuaded bank to grant certain loans which loans are not getting repaid – Appellant accepts the fact that he is not a Doctor by profession – It has been his case that papers with respect to loans were prepared by bank officials – Out of Rs. 6.99 lakhs received as loan by him, appellant has already repaid sum of Rs.2.13 lakhs – Appellant is willing to return balance amount within three months – Order under appeal set aside – In case appellant is arrested in connection with crime registered pursuant to FIR, he shall be released on bail by Arresting Officer subject to his furnishing cash security in sum of Rs.25,000/- with two like sureties. (Paras 2 to 6)

Facts of the case:

Present appeal challenges the judgment and order dated 04.06.2021 passed by High Court of Judicature at Allahabad rejecting anticipatory bail application. In crime registered pursuant to FIR No. 806 of 15.12.2020 lodged with Civil Lines Police Station, District Prayagraj for offences punishable under Sections 419, 420, 467, 468 and 471 IPC, the allegation against the appellant is that he fraudulently persuaded the bank to grant certain loans which loans are not getting repaid. The appellant accepts the fact that he is not a Doctor by profession. It has been his case that the papers with respect to the loans were prepared by the bank officials.

Findings of Court:

It shall be the condition of the bail that the appellant shall deposit the balance sum within three months as undertaken by him. Appellant shall render complete cooperation and shall not misuse his liberty. In case the appellant fails to deposit the balance sum within the stipulated time, this appeal shall stand dismissed without further reference to the Court and the benefit granted in terms of this order shall stand withdrawn.

Result : Appeal disposed of with observations.