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2025 DAILYLAW 10877 (ALL)

EHTESHAM KHAN v. STATE OF U.P.

BAIL/3851/2025 · 2025-04-20

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60847 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3851 of 2025 Applicant :- Ehtesham Khan Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Pandey,R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A.,Rasmi Khilwani Hon'ble Ashutosh Srivastava,J. Heard Sri R.S. Dubey, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 0140 of 2019, under Sections 419, 420, 467, 468, 469, 471, 476, 505 I.P.C. and Section 67 of Information Technology Act, Police Station Kotwali, District Gorakhpur. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that in the aforesaid case the applicant was granted bail by the Trial Court vide order dated 18.12.2021. Further, on the bail cancellation application moved by the wife of the accused, the Trial Court vide order dated 18.12.2024 cancelled the bail early granted by it vide order dated 18.12.2021. Learned counsel for the applicant submits that the marriage of the applicant was solemnized with the informant on 18.03.2018 and due to wedlock one daughter was also born. After some time a dispute between the accused and the informant was raised and as a result of which, divorce was taken place between them. He submits that it is a case of family dispute in which the wife of the accused has lodged various cases against the accused only for the purpose of harassing the accused and his entire family members. The applicant is languishing in jail since 11.01.2025. As per DCRB and CCTNS Report, the applicant has criminal antecedents of 17 cases to his credit and most of cases have been lodged by the informant. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ehtesham Khan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 21.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad