# Abdul Wahab & Ors v. State of U.P - **Citation:** (2021) 7 ILRA 271 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2021-07-06 - **Case number:** Crl. Misc. Anticipatory Bail Application No. 5039 of 2021 - **Bench:** Ram Krishna Gautam - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/abdul-wahab-ors-v-state-of-u-p-47085 - **Pages:** 4 ## Headnote (A) Criminal Law - Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 420, 467, 468, 471, 406 - anticipatory bail - considering an application for grant of anticipatory bail - Court has to consider the nature of offence, the role of the person, the likelihood of his influencing the course of investigation or tempering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the country etc.) should also be considered - Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and is subject to the discretion of the Court. (Para - 4) Dispute with regard to management committee of District Cricket Association - civil suit filed by District Cricket Association against the applicants - relief of injunction claimed by plaintiff - charge-sheet over which cognizance taken - apprehension of arrest of applicants - application, for grant of anticipatory bail - embezzlement of money and manufacturing of forged and fictitious documents, account book etc. under garb of misrepresentation of above committee was said in first information report. (Para - 2,5) HELD:- Hence, deceit, manufacturing of forged and valuable securities, receiving of money under the guise of misstatement, criminal breach of trust with regard to above trusted money etc. and deceit with public at large, including cricketers of District Aligarh are heinous offences, requiring no indulgence by this Court in granting anticipatory bail under section 438 of Cr.P.C.(Para - 6) Anticipatory bail application dismissed. (E6) List of Cases cited: ## Text 7 All. Abdul Wahab & Ors. Vs. State of U.P. 271 the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 12. The applicant is warned not to get himself implicated in any crime and should keep distance from the informant and not to misuse the liberty granted hereby. Any misuse of liberty granted by this Court would be viewed seriously against the applicant in further proceedings. 35. This anticipatory bail application is being allowed on account of special conditions and on special ground. The normal grounds, settled for the grant of anticipatory bail, have not been considered by this Court and it would be open for the applicant to approach this Court again, if so adviced, in changed circumstances. 36. The anticipatory bail application is allowed. ---------- (2021)07ILR A271 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 06.07.2021 BEFORE THE HON'BLE RAM KRISHNA GAUTAM, J. Crl. Misc. Anticipatory Bail Application No. 5039 of 2021 Abdul Wahab & Ors. ...Applicants Versus State of U.P. ...Opposite Party Counsel for the Applicants: Sri V.M. Zaidi (Senior Advocate), Sri Dur Vijay Singh Counsel for the Opposite Party: A.G.A. (A) Criminal Law - Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 420, 467, 468, 471, 406 - anticipatory bail - considering an application for grant of anticipatory bail - Court has to consider the nature of offence, the role of the person, the likelihood of his influencing the course of investigation or tempering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the country etc.) should also be considered - Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and is subject to the discretion of the Court. (Para - 4) Dispute with regard to management committee of District Cricket Association - civil suit filed by District Cricket Association against the applicants - relief of injunction claimed by plaintiff - charge-sheet over which cognizance taken - apprehension of arrest of applicants - application, for grant of anticipatory bail - embezzlement of money and manufacturing of forged and fictitious documents, account book etc. under garb of misrepresentation of above committee was said in first information report. (Para - 2,5) HELD:- Hence, deceit, manufacturing of forged and valuable securities, receiving of money under the guise of misstatement, criminal breach of trust with regard to above trusted money etc. and deceit with public at large, including cricketers of District Aligarh are heinous offences, requiring no indulgence by this Court in granting anticipatory bail under section 438 of Cr.P.C.(Para - 6) Anticipatory bail application dismissed. (E6) List of Cases cited: 1. Myakala Dharmarajam Vs The St. of Telangana, (2020) 2 SCC 743 272 INDIAN LAW REPORTS ALLAHABAD SERIES 2. Sushila Aggarwal Vs St. (NCT of Delhi) (2020) 5 SCC 1 3. Satlingappa Mhetre Vs St. of Maharashtra & ors., (2011)1 SCC 694 (Delivered by Hon'ble Ram Krishna Gautam, J. 1. This application under Section 438 of Code of Criminal Procedure has been filed by Abdul Wahab, Abdul Latif, Mutahir Zaidi and Fashahat Ali, with a prayer for grant of anticipatory bail to the applicants, by way of a direction to the Senior Superintendent of Police, Aligarh/ Station House Officer/ Investigating Officer/ Arresting Officer concerned, to release the applicants on bail, in the event of their arrest, on such terms and conditions, as is being imposed, in pursuance of first information report, dated 29.12.2015, registered as Case Crime No. 811 of 2015, under sections 420, 467, 468, 471, 406 IPC, Police Station Civil Line, District Aligarh. 2. Learned counsel for the applicants argued that accused-applicants are innocent. They have been falsely implicated in above case crime number, lodged by informant, who happened to be Vice President of above District Cricket Association to whom money was said to be given for organizing a tournament and this tournament was not organized. There was neither any deceit nor any fraud or fabrication of any document by applicants. The dispute is with regard to management committee of above District Cricket Association, Aligarh for which previous complaint was filed and it was dismissed under section 203 of Cr.P.C. A civil suit was also filed by District Cricket Association, Aligarh against the applicants and one other as Original Suit No. 554 of 2016 in the Court of Civil Judge (Junior Division), Kol, Aligarh. The plaintiff filed above suit with specific mention of registration number of District Cricket Association, Aligarh and the applicants were said to interfere in affairs of District Cricket Association, Aligarh for which relief of injunction was claimed by plaintiff. Hence, the present prosecution is in furtherance of above civil suit and there is a charge-sheet over which cognizance has been taken and there is every apprehension of arrest of applicants in above case. Applicants are innocent and they are having fear of arrest in above case crime number. Hence, this application, for grant of anticipatory bail, has been moved with above prayer. 3. Learned AGA has vehemently opposed with this contention that first information report was got lodged by informant with accusation of fraud, deceit, receiving of money under misstatement of fact by applicants and fabrication of forged documentation with regard to District Cricket Association, Aligarh and this was investigated, wherein charge-sheet has been filed. Against this cognizance taking order, an application under section 482 Cr.P.C. No. 18049 of 2020 (Abdul Latif and 2 others versus State of U.P. and another) was filed and this was dismissed with specific finding that there seems to be prima facie existence of offences cognizable, requiring no interference by this Court. Accordingly, above proceeding under section 482 Cr.P.C. was got dismissed. Hence, offences against applicants are very heinous with regard to deceit and fraud with general public and receiving of money under deceit. There is also accusation of manufacturing fraudulent document and account book by applicants who used to represent themselves as a member and office bearer of District Cricket Association, Aligarh, which was neither registered nor they were office bearer of same. Hence, looking into above gravity and heinousness of offence, 7 All. Abdul Wahab & Ors. Vs. State of U.P. 273 the Sessions Judge, Aligarh has rejected anticipatory bail application, moved before him and then after this application before this Court has been filed. Accordingly, this ought to be dismissed. 4. Having heard and gone through material placed on record, it is apparent that Hon'ble Apex Court while discussing law of anticipatory bail, laid down in Sidharam Satlingappa Mhetre versus State of Maharashtra and others, reported in (2011)1 SCC 694 as well as constitution Bench of Apex Court decision in Sushila Aggarwal versus State (NCT of Delhi) reported in (2020) 5 SCC 1 and decision of Apex Court in Myakala Dharmarajam versus The State of Telangana, reported in 2020 (2) SCC 743, propounded that at the time of considering an application for grant of anticipatory bail, nature and gravity of the accusation and the exact role of the accused; the antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; from the possibility of the applicant fleeing from justice; likelihood of applicant repeating similar or other offences; where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her; impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people as well as consideration of Court; the entire available material against the accused and comprehensive exact role of accused in alleged offence is to be appreciated. The application seeking anticipatory bail should contain bare essential fact relating to offence and why the applicant reasonably apprehends arrest as well as his side of story is the essential for the Court to consider application and to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. While considering an application for grant of anticipatory bail, the Court has to consider the nature of offence, the role of the person, the likelihood of his influencing the course of investigation or tempering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the country etc.) should also be considered. The Courts ought to be generally guided by consideration such as the nature and gravity of the offences, role attributed to the applicant and the fact of the case, while considering whether to grant anticipatory bail or refuse it. Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and is subject to the discretion of the Court. 5. In the present case, the accusation is that applicants Abdul Wahab and three others in mispresenting themselves to be office bearers of a committee known as District Cricket Association, Aligarh came to informant and assured for organizing a tournament, wherein the cricket team of Aligarh was to participate and upon this assurance, Rs. 15,000/- was drawn through cheque no. 38047 of ICICI Bank by informant, was received. Subsequently also money was taken, but no such tournament was held. Not only this, informant was nominated as Vice President of above Cricket Association, whereas subsequently informant came to know that neither this association was registered one nor was a registered Cricket Association, Aligarh. There was deceit with players and cricketers of District Aligarh, wherein they were said to be selected as member of district cricket team. The embezzlement of money and 274 INDIAN LAW REPORTS ALLAHABAD SERIES manufacturing of forged and fictitious documents, account book etc. under garb of misrepresentation of above committee was said in first information report. This first information report was investigated and ultimately charge-sheet for offences punishable under section 419, 420, 467, 467, 471, 406 IPC was filed before the Court of Judicial Magistrate, wherein cognizance was taken. The applicants moved before the Court of Sessions Judge, Aligarh with a prayer for grant of anticipatory bail and this was heard and denied by the Court of Sessions Judge, Aligarh in Anticipatory Bail Application No. 758 of 2021 vide order dated 2.2.2021. Again there was an application under section 482 Cr.P.C. No. 18049 of 2020 moved with a prayer for setting aside criminal proceeding and it was denied by this Court vide order dated 28.1.2021 and it was held that there was substance for alleged commission of cognizable offence in the material placed on record. 6. The second round of anticipatory bail has been moved by way of this application before this Court, whereas cognizance has been taken on 28.2.2020. Wherein the present applicants have been charge- sheeted for the offences punishable under section 420, 467, 468, 471, 406 IPC of Police Station Civil Line, District Aligarh. Charge-sheet is at page No. 38 of paper book. The offences alleged to be committed by applicants, including misrepresentation about registration of District Cricket Association, Aligarh and applicants being office bearer of above association which was neither registered with Registrar Chit Fund Societies, Agra nor any office bearer-ship was there. Rather, Secretary of District Cricket Association has already filed a civil suit No. 554 of 2016 against applicants and one other with the same accusation that defendants including the present applicants were misrepresenting themselves to be a member of District Cricket Association, Aligarh and their activities of deceiving money in the name of District Cricket Association, Aligarh, manufacturing and fabricating documents and register were also result of forgery. This civil suit was filed by Aligarh District Association through its Secretary, Pradeep Singh who was said to be registered society under Registrar of Societies Chit Fund, Agra with specific registration No. 0747/1996-97. The same accusation is here in this criminal case. Hence, deceit, manufacturing of forged and valuable securities, receiving of money under the guise of misstatement, criminal breach of trust with regard to above trusted money etc. and deceit with public at large, including cricketers of District Aligarh are heinous offences, requiring no indulgence by this Court in granting anticipatory bail under section 438 of Cr.P.C. 7. Considering all these essential ingredients and parts of the consideration laid down by Hon'ble Apex Court, but without commenting on merits, later on to be seen by trial court on the basis of evidence, this application merits dismissal. Dismissed, as such. . ---------- (2021)07ILR A274 APPELLATE JURISDICTION CRIMINAL SIDE DATED: LUCKNOW 13.07.2021 BEFORE THE HON'BLE VIKAS KUNVAR SRIVASTAV, J. Bail No. 6572 of 2020 with Bail No. 6614 of 2020 Dhermendra Yadav ...Applicant Versus State of U.P. & Anr. ...Opposite Parties