Allahabad High Court
MOHAMMAD IMRANversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court held that anticipatory bail should be granted to the applicant.
Summary
The High Court considered an anticipatory bail application filed by Mohammad Imran, a stenographer accused under IPC sections 420 and 120‑B and Section 7 of the Prevention of Corruption Act for allegedly certifying a document. The applicant claimed innocence, no criminal history, and argued that the allegations were false and arose from a private dispute. The opposing counsel did not demonstrate any prima facie case, risk of evidence tampering, or threat to public order, nor did they show the applicant’s likelihood of fleeing. The court found no material to deny bail and emphasized that bail’s purpose is to ensure attendance in court. Consequently, the court granted anticipatory bail with a personal bond and a set of conditions, and ordered that any breach could lead to cancellation of the protection.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under IPC 420, 120‑B and the Prevention of Corruption Act.
- Whether there exists a prima facie case, risk of tampering with evidence or witnesses, or any other factor that would justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438, 482
- Indian Penal Code — s. 120-B, 420
- Prevention of Corruption Act — s. 7
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 420
- IPC 120-B
- Prevention of Corruption Act
- high court
- bail conditions
- no prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 9409 of 2026
Mohammad Imran
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manglam Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant as well as learned
AGA and perused the material available on record.
2. The present Anticipatory Bail Application has been filed
with the prayer to grant anticipatory bail to the applicant -
Mohammad Imran in Case Crime No. 364 of 2020, under
Sections 420, 120-B I.P.C. and Section 7 of Prevention of
Corruption Act, Police Station - Khair, District - Aligarh.
3. It is submitted by learned counsel for the applicant that
applicant is Stenographer in the office of Sub Divisional
Magistrate and it is alleged that applicant has certified the
document, which is at page 40 of the paper book with regard to
order dated 4.1.2010 of the Tehsildar. It is submitted by
learned counsel for applicant that main accused Pankaj Panwar
and Rajni Panwar have been accused of being general category,
however, has produced the caste certificate of scheduled caste
category. It is further submitted that co-accused Pankaj Panwar
and Rajni Panwar have already been granted interim relief by
this Court by order dated 21.4.2026 passed in Application U/S
528 BNSS No.14813 of 2026. It is further submitted by learned
counsel for applicant that applicant is innocent and has no
concern with the present matter. Allegations levelled against
NABAIL No. 9409 of 2026
2
the applicant are false. It is further argued that applicant's case
is squarely covered under Section 482 BNSS. No prima facie
case is made out against the applicant. If the applicant is
enlarged on anticipatory bail, he will not misuse the liberty and
cooperate with the investigation. The applicant has
apprehension of his arrest by the police any time.
4. Learned A.G.A. opposed the prayer but does not dispute the
factual matrix.
5. It is not shown by learned AGA that the offence in question
will have impact on society at large. It is not shown that act
causes harm to the society. The accusations arise out of dispute
between individuals. It is not shown by learned AGA that the
nature and gravity of allegations are such that the same would
disentitle the applicant for relief of anticipatory bail. Learned
AGA has not raised concern that any prejudice would be
caused to free, fair and full investigation in the event the
applicant is granted anticipatory bail. No material, facts,
circumstances or concern been shown by learned AGA for the
State that the accused may tamper with the evidence or
witnesses or accused is of such character that his mere presence
at large would intimidate the witnesses or that accused will use
his liberty to subvert justice or tamper with the evidence.
6. Learned Counsel for opposite parties has not placed any
criminal antecedents of the applicant. The applicant has no
criminal history.
7. It is settled principle of law that the object of bail is to secure
the attendance of the accused. No material particulars or
circumstances suggestive of the applicant fleeing from justice
or thwarting the course of justice or creating other troubles in
the shape of repeating offences or intimidating witnesses and
the like have been shown by learned AGA for the State.
8. In view of the above, the applicant is granted anticipatory
bail in respect of offence described in para 2 of the present
NABAIL No. 9409 of 2026
3
order. In the event of arrest of the applicant, he shall be
released on anticipatory bail on his furnishing a personal bond
of Rs.25,000/- 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 for interrogation
by a police office as and when required.
(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 him/her from disclosing
such facts to the Court or to any police office.
(iii) The applicant shall not leave India without the previous
permission of the Court concerned.
(iv) In the event, the applicant changes residential address, the
applicant shall inform the court concerned/Investigating
Officer about new residential address in writing.
(v) The applicant shall cooperate with the investigation and
make himself available for interrogation whenever required.
(vi) The applicant shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police.
(vii) The applicant shall maintain law and order.
(viii) The applicant shall at the time of execution of the bond,
furnish his address and mobile number to investigating officer,
and the court concerned.
(ix) The applicant shall regularly remain present during the
trial, and cooperate with the Court to complete the trial for the
above offences.
(x) Non presence of the applicant or his counsel before the
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4
court concerned shall be construed as violation of the present
order and the court concerned would be at liberty to take
coercive measures in accordance with law.
9. In case of default of any of the conditions, the Investigating
Officer shall be at liberty to file appropriate application for
cancellation of protection granted to the applicant.
10. With the directions made above, the anticipatory bail
application stands allowed.
September 11, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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