The court will not grant anticipatory bail if there is evidence to suggest that the applicant is guilty of the offence.

Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 10534 of 2022

Applicant :- Ankit@ Ankit Kumar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Sunil Vashisth

Counsel for Opposite Party :- G.A.,Mahendra Bahadur

Singh,Vijeta Singh

Hon'ble Mrs. Jyotsna Sharma,J.

1. Heard Sri Sunil Vashisth, learned counsel for the applicant,

Ms. Vijeta Singh, learned counsel for the informant/opposite

party no.2, Sri O.P. Mishra, learned A.G.A. for the State and

perused the papers on record.

2. This application has been filed by applicant seeking

anticipatory bail in Case Crime No.486 of 2021, under sections-

420, 467, 468, 323, 504, 506 I.P.C., Police Station- Mawana,

District- Meerut.

3. As per prosecution case, the applicant promised the

informant to get him a job in the Air Force and for that purpose

he asked for certain money; the informant mortgaged his land

and arranged for Rs.3,30,000/- and handed over that sum of

money to the applicant and also certain papers, but after

sometime he (applicant) became out of contact. On checking

the papers given by the applicant to the informant, it was found

that those papers were forged and fabricated. And when the

informant demanded his money back, he faced foul words and

threats.

4. It is contended on behalf of the applicant that the F.I.R. lacks

substance as no date and time of giving such assurance or

handing over money or any fabricated or forged papers are

mentioned therein. It is also contended that the money, if any,

was given for illegal purpose. Therefore, he (informant) is

equally to be blamed. It is further contended that a similar type

of allegation was made against one more person of the same

village and the matter was settled between the two and again

such kind of allegation has been made against the applicant for

ulterior motive and for serving his own interest.

5. The application for anticipatory bail is forcefully opposed on

behalf of the informant as well as the State. Following facts and

arguments have been placed before me:-

(i) In this case, evidence to the effect has been collected that

applicant not only extracted money over Rs.3,00,000/- from the

informant, but also handed over a joining letter purportedly

issued by concerned authority from the Air Force, which was

later on found to be a forged paper.

(ii) The Investigating Officer has collected some electronic

evidence prima-facie showing that the purpose of this

transaction of money between them through mobile set; they

indulged in several chats.

(iii) The informant had to mortgage his land for securing

employment for himself on the false assurance given by the

applicant.

(iv) It is contended that the matter has spilled beyond a simple

assurance and transaction of money as a forged joining letter

was also issued to the informant.

6. I went through all the papers on record. I do not find any

reason or material to suggest that the applicant was falsely

roped in for serving the vested interest or just to humiliate him

by getting him arrested in this case. I do not find it a fit case to

grant anticipatory bail.

7. This application for anticipatory bail is accordingly

dismissed.

8. However, any of the observation made herein shall not be

taken as a comment on merits of the case by the court below

and court shall be at liberty to form its own opinion at any stage

of the case.

Order Date :- 6.1.2023

Saif

Digitally signed by :-

SHAIKH SAIF ABDIN

High Court of Judicature at Allahabad