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2025 DAILYLAW 15835 (ALL)

HIMANSHU ALIAS AFZAAL ALIAS AFSAAN v. STATE OF U.P.

BAIL/4416/2025 · 2025-08-04

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132144 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4416 of 2025 Applicant :- Himanshu Alias Afzaal Alias Afsaan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Aamir Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant was only an employee in the Company; there is no material or evidence to show that money which has been transferred to the account of the applicant; no specific role has been assigned for commission of the alleged crime; nothing incriminating article has been recovered from the possession of the applicant or his pointing out; there was no independent or public witness to the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 06.01.2025 with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Himanshu Alias Afzaal Alias Afsaan, be enlarged on bail in Case Crime No. 624 of 2024, under Sections 420, 467, 468, 471, 406, 120-B I.P.C., Police Station- Tonika City, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 5.8.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad