ABDUL WAHAB Vs. STATE OF U.P.

JUDGEMENT

(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, 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.