Neutral Citation No. - 2025:AHC:73832 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12240 of 2025 Applicant :- Fakhruddin @ Fakruddin Shah Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 54 of 2021, under Sections 419, 420, 467, 468, 406,504, 506 IPC, Police Station Doharighat, District Mau. 2. As per the prosecution story, the applicant has taken money for the purpose of providing visa of Singapur to the informant and in lieu of providing visa, he has taken Rs.1,90,000/- from the informant. 3. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that he has no previous criminal antecedents. He is languishing in jail since 22.02.2025 i.e. more than two months. It is further submitted that the allegation made in the F.I.R. is total false and fabricated whatsoever transaction of money as stated in the F.I.R. It is further submitted that a business transaction between the informant and the present applicant. It is further submitted that the applicant has running a furniture shop in Mumbai. It is further submitted that the investigation has already been completed by the police/Investigating Officer and filed charge sheet before the competent court and competent court has taken cognizance in the instant matter. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 4. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but has not disputed the fact about the filing of the charge sheet before the competent court. It is further submitted that it is wrong to say that the applicant and the informant was engaged in any business transaction and the money, which has been taken by the applicant for the purpose already providing visa as contended in the F.I.R. 5. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 6. It is admitted fact that applicant is languishing in jail since 22.02.2025. There are no previous criminal history of the applicant and charge sheet has already been filed after completion of investigation. Cognizance has been taken by the Court concerned. Co-accused Umesh @ Umeshwar Dwivedi has already been enlarged on anticipatory bail by the trial court and the co-accused Zakir Shah has also enlarged on bail by a co-ordinate Bench of this Court vide order dated 21.07.2022. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 7. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and the fact that one similarly placed co-accused has already been enlarged on bail by the co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant- Fakhruddin @ Fakruddin Shah, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 7.5.2025 Sanjeet (Chandra Dhari Singh,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad