Allowed

Khursheed Anwar v. State of U.P.

Allahabad HC4 Dec 2018BAIL/46277/2018

Case brief

AI extract

What is this about?

Bail granted to Khursheed Anwar accused under IPC sections for cheating/forgery and IT Act. Court held mere sale of SIM does not implicate unless credible evidence exists, distinguishing this from co-accused with SIM control. Single judge allowed bail with personal bond and two sureties.

What did the court decide?

Released on bail subject to personal bond and two sureties; advantage not available to other co-accused.

Khursheed Anwar Vs State of U.P. — Money Laundering | Allahabad HC (2018)

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Court No. - 60

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46277 of 2018

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Applicant :- Khursheed Anwar Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Applicant claims himself to be seller of the SIM cards only. He has no direct connectivity with the offence in question. No mobile cell phone whatsoever has been recovered from him. It is no fault of the applicant to be seller of the SIM cards. Merely, because he is a seller, he cannot be branded as a culprit. He has not acted in collusion with any person. The applicant has no criminal history and is languishing in jail since 17.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.

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Learned AGA has vehemently opposed prayer for bail and submitted that the SIM used in the offence were very much issued by the applicant, however, he has not denied fact that he is not the seller of the SIM.

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This bail is granted only on account of fact that the applicant happens to be the seller of the SIM cards and merely because he is seller, he cannot directly connected with the offence in question, unless some credible evidence is available against him, which is a subject matter of investigation and trial. Let the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Khursheed Anwar involved in Case Crime No.862 of 2018, under Sections – 420, 467, 468, 471, 353, 507, 120B I.P.C. and under Section - 66 I.T. Act, Police Station - Civil Lines, District – Moradabd be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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However, it is made clear that advantage of this bail order shall not go to the other co-accused, who have been found to have been in use and control of the the SIM in question.

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Order Date :- 4.12.2018 S Rawat

Khursheed Anwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khursheed Anwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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