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2026 DAILYLAW 2000 (ALL)

MUNSARIF v. STATE OF U.P.

BAIL/5191/2026 · 2026-05-04

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5191 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.518 of 2025, under Sections 318(4), 338, 336(3), 340(2) and 61(2) BNS, Police Station Amroha Nagar, District Amroha, during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged against three persons by bank manager and according to the FIR, named accused persons by playing fraud obtained KCC loan of Rs.50,0000/- from the bank but during investigation applicant has been made accused on the ground that actually, he represented himself as Shabir Shah and became a guarantor but entire allegations levelled against the applicant are totally false and except bald and verbal allegations there is no cogent evidence that applicant represented himself as Shabir Shah and became a guarantor in the alleged KCC loan of Rs.5,00,000/-. 4. He further submits, applicant is not having any previous criminal history and all the alleged offences are traible by Magistrate and in the present matter applicant is in jail since 05.11.2025 i.e. for last six months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A. Munsarif .....Applicant(s) State of U.P. .....Opposite Party(s) 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation, KCC loan of Rs.5,00,000/- was obtained by playing fraud and applicant represented himself as Shabir Shah and became one of the guarantor but except the statement of the bank manager there is no other evidence which can suggest that applicant was the person who represented himself as Shabir Shah. 8. Further, even all the alleged offences are traible by Magistrate and applicant is not having any previous criminal history and in the present matter he is in jail since 05.11.2025 i.e. for last six months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Munsarif 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and BAIL No. 5191 of 2026 2 the said observations shall have no bearing on the merits of the case during trial. May 5, 2026/S.A. BAIL No. 5191 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad