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2025 DAILYLAW 41500 (ALL)

IFTIKHAR HASAN KHAN v. STATE OF U.P.

BAIL/21809/2025 · 2025-09-08

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21809 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.52 of 2025 under Sections 318(4), 316(2), 336(3), 338, 340(2), 341(1) of B.N.S., Police Station Mansoorpur, District Muzaffar Nagar. 3. According to the F.I.R., version on 25.12.2024 the informant had gone to purchase a Sonet vehicle at the showroom situated at Mansoorpur, where he met the co-accused Zuhaib Hasan, Lavish Puri and Gaurav Rastogi, who told him that if he booked a vehicle today and pay the amount in cash then he has to pay Rs. 13 lacs. On 25.12.2024 at about 03:00P.M. when he went to the showroom, the co-accused Gaurav Rastogi made him talk with accused- Zuhaib, who in turned told him to pay Rs. 4 lacs to his father Isteqar (applicant) and when he went to take the delivery of vehicle on 10.02.2025, the sought time 2-3 days but neither the vehicle was provided nor the money was refunded. 4. Learned counsel for the applicant argued that the applicant is the father of co-accused Zuhaib Hasan and the allegation levelled against him is that his son asked the informant to giver Rs. 4 lacs to the applicant. Learned counsel further argued that no amount has been paid to the applicant and that the applicant has been falsely implicated in the present case. He further submits that the neither prepared any forged documents with regard to delivery of Versus Counsel for Applicant(s) : Imran Mabood Khan, Shreesh Srivastava, Sushil Shukla Counsel for Opposite Party(s) : G.A., Samar Bahadur Harijan, Swetashwa Agarwal Iftikhar Hasan Khan .....Applicant(s) State of U.P. .....Opposite Party(s) vehicle nor anything has been recovered from his possession. Learned counsel further argued that the applicant is aged about 77 years, who has been falsely implicated in the present case merely on the ground that he is father of co-accused Zuhaib. 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 26.02.2025. 5. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 6. Considering the overall facts and circumstances, the nature of allegations, case of the applicant is distinguishable from the case of co-accused, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant Iftikhar Hasan Khan be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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. v) 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 BAIL No. 21809 of 2025 2 officer or tamper with the evidence. September 9, 2025 S.Ali BAIL No. 21809 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad