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2025 DAILYLAW 158253 (ALL)

RUKHSAR AHMAD SHAH v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. GOVT. LKO.

BAIL/8031/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8031 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri A.A. Naqvi, Advocate holding brief of Sri Salman Abbas, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 681 of 2017, under Sections 419, 420, 406, 467, 468, 471, 147, 504, 323 I.P.C., registered at Police Station Gazipur, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 24.08.2017 against seven persons including the applicant, stating that the complainant had made some investments in Ummeed Trading Company but the cheques given by the Company were returned by the bank unpaid. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 30 other cases has been disclosed in para 20 of the affidavit, in 12 of which the applicant has been granted bail, all of which are of similar nature. 5. The learned counsel for the applicant has submitted that a co-accused Firdaus has been granted bail by means of an order dated 06.05.2022 passed by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 3431 of 2018. It has also been submitted on behalf of the applicant that the applicant has already been granted bails in various cases, which are of similar nature. Versus Counsel for Applicant(s) : Salman Abbas, Syed Waqar Husain Counsel for Opposite Party(s) : G.A. Rukhsar Ahmad Shah .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Govt. Lko. .....Opposite Party(s) 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a similar situated person has already been granted bail, I am of the view that the applicant is also entitled to be released on bail in the present case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Rukhsar Ahmad Shah be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. August 27, 2025 Ram. BAIL No. 8031 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench