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2025 DAILYLAW 149776 (ALL)

MUJASSIM HUSAIN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/6491/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40201 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6491 of 2025 Applicant :- Mujassim Husain Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in F.I.R./Case Crime No. 0128/2024 under Section 420/406/411/465/467/468 and 471 Indian Penal Code, Police Station Hathigawan, District Pratapgarh. In the prosecution case, it is alleged that the named accused persons, by using the name of the Jal Nigam Department, misled individuals into providing tractors on the pretext of a contract and rental arrangement. Thereafter, by committing forgery and preparing forged sale documents, they sold those tractors to the applicant. During the investigation it is found that two tractors were recovered on 05.07.2024 from co-accused Umesh Kumar and Naushad Khan @ Raju. The name of the applicant surfaced in the confessional statement of co-accused Naushad Khan, who has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 12036 of 2024, vide order dated 19.11.2024. The applicant has a criminal history of one case. There is no recovery from the applicant. It is submitted that the case of the applicant stands on a better footing than that of the co-accused Naushad Khan @ Raju. The applicant is in jail since 02.05.2025. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 02.05.2025; the applicant has explained the criminal history of one case; the offence is triable by Magistrate; there is no recovery from the applicant; the applicant undertakes to cooperate in the investigation; and taking into account the bail order of co- accused Naushad Khan @ Raju and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mujassim Husain be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 15.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench