Allowed

Rihan Khan v. State of U.P.

Allahabad HC12 Jan 2018BAIL/1508/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Rihan Khan, charged under Sections 420 and 406 IPC. The court allowed the application directed the applicant to furnish a personal bond of Rs. Three Lacs along with two sureties, and imposed standard release conditions.

What did the court decide?

Released on bail by furnishing a personal bond of Rs. Three Lacs with two sureties (one family member) in similar amounts.

Rihan Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1508 of 2018

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Applicant :- Rihan Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the from perusal of first information report prima-facie no offence is made out against the applicant as there is no direct or indirect evidence against him which connect him in the alleged offence but he has been implicated by the co-accused Naresh Kumar under the malicious local politics who is still absconding from the crime in question. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has 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. It has also been submitted that the applicant is languishing in jail since 19.05.2017. The applicant has no other reported criminal antecedent except one case being case crime no. 65 of 2017 which is still pending in this Hon'ble Court.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Let the applicant Rihan Khan involved in Case Crime No. 368 of 2017, under Section 420, 406 I.P.C., Police Station Kairana, District Shamli be released on bail on his furnishing a personal bond (Rs. Three Lacs) with two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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Order Date :- 12.1.2018/Arti Sharma

Rihan Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rihan Khan v. State of U.P.

Case brief

What is this about?

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What the court decided

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