SAHIL KHAN v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. HOME LKO.
BAIL/10142/2025 · 2025-10-16
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 203709 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 203709 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10142 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Ms. Vedika Dwivedi, learned counsel for the applicant as well as learned AGA for the State. In the prosecution case, it is alleged that the applicant, along with the co- accused persons, forged the photograph and name of Superintendent of Police, Raibareli, Dr. Yashveer Singh, which was then used to create a fake Facebook ID. Submission of learned counsel for the applicant is that the role of the applicant is distinct from that of the other co-accused persons. It is contended that no recovery has been made from the applicant that can connect him with the alleged offence. The only recovery is one Redmi smart mobile, which is not linked to the crime in question, and there is no other recovery from the applicant. Apart from the confessional statement of the applicant, no other material is available with the prosecution. It is further submitted that the applicant has no prior criminal antecedents and the charge sheet in the matter has already been filed. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Himanshu Tiwari, Vedika Dwivedi Counsel for Opposite Party(s) : G.A. Sahil Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
On due consideration to the recovery made from the applicant, the fact that the offences are triable by a magistrate, the absence of any criminal antecedents, the filing of the charge sheet, and the applicant is languishing in jail since 19.07.2025, I find this to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed.
Let the applicant Sahil Khan involved in case crime No. 006/2025, Under Sections 318(4), 319(2), 338, 336(4), 340 (2), 356, of the Bharatiya Nyaya Sanhita, 2023, and Section 66-C, 66-D of the Information Technology Act, 2000, Police Station: Cyber Crime Police Thana Raebareli, District: Raebareli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 him 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 he 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 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section BAIL No. 10142 of 2025 2
84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 16, 2025 R.C.
BAIL No. 10142 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench