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2025 DAILYLAW 152943 (ALL)

FARHAT KHAN @ FIZA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6791/2025 · 2025-07-24

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42754 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6791 of 2025 Applicant :- Farhat Khan @ Fiza Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Malik Meraj Ahmad,Amir Khan,Servesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material available on record. The applicant seeks bail in Case Crime No. 0214 of 2023, under Sections 406, 419, 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Kursi, District Barabanki. As per the prosecution case, an FIR was lodged on 13.08.2023 against four persons alleging that they collected Rs.2 lakhs each from several individuals on the pretext of providing employment. However, the appointment letters given to the victims were later found to be forged. Learned counsel for the applicant submits that the applicant is not named in the FIR. The applicant has disclosed her criminal history of two cases in paragraph 8 of the bail application. It is further submitted that the offence is triable by a Magistrate, and the applicant is in judicial custody since 21.06.2025. It is also submitted that co-accused Abhishek Kumar Singh, Neeraj Mishra, and Athar Hussain have already been granted bail by coordinate Benches of this Court. Copies of their bail orders have been annexed as Annexures 4, 5, and 6 to the bail application. The applicant, being a lady, claims parity with the said co-accused. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made on behalf of the applicant. Having considered the submissions of learned counsel for the parties, the nature of the offence, the period of incarceration, and the fact that the co-accused have already been granted bail, period of incarceration gone into by the applicant and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Farhat Khan alias Fiza be released on bail in the aforesaid case crime number subject to her 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 shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 them 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 she 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 the 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 her counsel. In case of her absence without sufficient cause, the trial court may proceed against her 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 her presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and she fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her in accordance with law under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 24.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench