SAHIL KHAN @ RIYAZUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1071/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159324 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159324 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49744 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1071 of 2025 Applicant :- Sahil Khan @ Riyazuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ajey Singh, the learned counsel for the applicant as well as Smt. Shikha Sinha, learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0015 of 2025. under Sections 318(4), 338, 336(3), 340(2) of B.N.S. and Section 66 (C) of Information & Technology Act, registered at Police Station Cyber Crime, District Baharich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.05.2025 against 11 persons, including the applicant, stating that all the accused persons are residents of the informant's village. They have formed an organized a gang and they had deceitfully opened a bank account of the informant, got Rs. 40 lakhs hawala money deposited in the bank and withdrew Rs. 30 lakhs. 4. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person, and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 18 of the affidavit filed in support of the application and the learned counsel for the applicant has submitted that the applicant has not received any summon in that case. 5. The learned counsel for the applicant has submitted that seven co-accused persons have been granted bail in the present case and copies of their bail orders have been annexed as Annexure No.7 to the affidavit filed in support of the application. He has further submitted that the applicant has stated in the affidavit that he will cooperate with the investigation. 6. The learned A.G.A-I has opposed the anticipatory bail application and she has submitted that the investigation in the present in case is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation in the F.I.R is regarding opening a single bank account in the informant's name and the informant has implicated 11 persons without assigning any specific role to the applicant in the F.I.R and that eight co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sahil Khan @ Riyazuddin before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi,J.)
Order Date :- 25.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench