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2025 DAILYLAW 158320 (ALL)

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

BAIL/7723/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49096 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7723 of 2025 Applicant :- Rukhsar Ahmad Shah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Salman Abbas,Syd Shaheen Fatma,Syed Waqar Husain,Vijay Vikram Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Salman Abbas, the learned counsel for the applicant as well as Sri Manish Vikram Singh Chauhan, 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. 659 of 2017, under Sections 420, 406, 467, 468, 471, 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 15.08.2017 against the applicant and his wife Firdaus, stating that the complainant had made some investments in Ummed 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 29 other cases has been disclosed in para 20 of the affidavit, in four cases, the applicant has been acquitted, in two cases, the proceedings have been quashed and the applicant has been granted bail in rest of the 12 cases, 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 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 situate 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. (Subhash Vidyarthi,J.) Order Date :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench