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2025 DAILYLAW 30543 (ALL)

KABEER VICTOR ALIAS AMIR RAZA KHAN v. STATE OF U.P.

BAIL/9762/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42967 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9762 of 2025 Applicant :- Kabeer Victor Alias Amir Raza Khan Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.649 of 2024, under Sections 420, 406, 411 I.P.C., P.S. Nandgram, District Ghaziabad, during pendency of the trial. 3. As per F.I.R. allegation, informant supplied rice to R.K.S. enterprises for Rs.84,36,840/- and R.K.S. enterprises paid Rs.21,31,756/- and Rs.63,05,084/- has not been paid by the applicant and co-accused. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has no concern with the alleged business transaction. There is no evidence to implicate the applicant in the present case. The applicant has no criminal history. The applicant is languishing in jail since 03.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Kabeer Victor @ Amir Raza Khan, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad