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2025 DAILYLAW 42937 (ALL)

SAJJAD ANSARI v. STATE OF U.P.

BAIL/13600/2024 · 2025-02-24

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13600 of 2024 Applicant :- Sajjad Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Yadav,Mohammad Waseem,Shantanu Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the parties and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.15 of 2021, under Sections 419, 420, 120B I.P.C. and Section 66-D of Information Technology Act, registered at Police Station Sikandararau, District Hathras. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.01.2021 alleging that Rs.8,07,000/- were fraudulently withdrawn from the informant's bank account. During investigation it transpired that the amount had been transferred to the bank account of one Ayub Miyan. Ayub Miyan stated in his statement that his account was used for receipt of amount by the applicant who paid some commission to Ayub Miyan for getting the money through his account. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in two other cases of similar nature has been disclosed in both of which he has been granted bail by means of orders dated 18.05.2022 and 08.08.2022, passed in Criminal Misc. Bail Application No.14214 of 2022 and 13931 of 2022 respectively. The applicant is languishing in jail since 06.09.2023 and as per the statement made by the learned counsel for the applicant merely charges have been framed and not a single prosecution witness has been examined till date. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the F.I.R. and he has been implicated solely on the basis of custodial statement of a co-accused person and that the applicant is languishing in jail since for about one and half years without examination of a single prosecution witness and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 6. Accordingly, this bail application stands allowed. 7. Let the applicant-Sajjad Ansari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad