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Neutral Citation No. - 2025:AHC:71455 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8862 of 2025 Applicant :- Ishak Yunus @ Robin @ Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 179 of 2024, under Sections 419, 420, 467, 468, 471, 34 of I.P.C. and Section 12 of Passport Act, Police Station Sector 49 Noida, District Gautam Buddh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. According to the FIR, the allegation against the applicant is that the accused along with other co-accused cheated the people by preparing forged documents, running a fake travel agency in the name of sending people abroad and embezzled money from them. Learned counsel for the applicant submits that the applicant has no connection with the aforesaid crime. It is alleged that during the arrest, 95 forged Passport, 38 Contract, 31 Visa, Stamp, 6 Mobile, 1 Laptop and one i20 Car have been recovered. The recovery of aforesaid items are false and the Police has planted the aforesaid items due to ulterior motive. The Police has arrested the applicant from his house and lodged the present case with concocted story. There is no independent witness of the alleged incident. The applicant is languishing in jail since
04.05.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ishak Yunus @ Robin @ Jitendra, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad