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2025 DAILYLAW 34944 (ALL)

SYED RASHID HASHMI v. STATE OF U.P.

BAIL/10580/2025 · 2025-08-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144808 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10580 of 2025 Applicant :- Syed Rashid Hashmi Opposite Party :- State of U.P. Counsel for Applicant :- Vishesh Rajvanshi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Rejoinder affidavit filed today in the Court is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that the disputed amount in the instant F.I.R., is about 10 lacs and that the allegation levelled by the informant that he had invested Rs. 32,500/- in the applicant's company. Learned counsel further submits that the applicant is the General Manager of the concerned company whereas the owner of the company is Sri Santosh Lal Rathore, who is absconding till date. Learned counsel further argued that the applicant is innocent and he has been falsely implicated in the present case merely on the ground that he is General Manager of the concerned company. Learned counsel next argued that the applicant has criminal history of 23 cases out of which he is on bail in 13 cases and in remaining case, the bail applications are pending consideration. 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 applicant is languishing in jail since 07.11.2019. 4. 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. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Syed Rashid Hashmi, involved in Case Crime No.08 of 2020 under Sections 408, 419, 420, 467, 468, 471 I.P.C., Police Station Sidhari, District Azamgarh, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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 an 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. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 22.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad