Allowed

Hasmeer Khan @ Bablu v. State of U.P.

Allahabad HC4 Apr 2022BAIL/7192/2022

Case brief

AI extract

What is this about?

This judgment allowed a bail application filed by Hasmeer Khan under Sections 406 and 420 IPC. The applicant argued false implication and delay in FIR lodging. The court found merit in the submissions and granted bail on a personal bond with two sureties, imposing standard conditions against tampering with evidence and influencing witnesses.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties each, subject to conditions against tampering with evidence, influencing witnesses, and making inducements to persons acquainted with

Hasmeer Khan @ Bablu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7192 of 2022

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Applicant :- Hasmeer Khan @ Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 431 of 2021 at Police Station-Jaithra, District-Etah under Sections 406, 420 I.P.C. The applicant is in jail since 09.01.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Etah, on 01.02.2022.

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Shri Akhilesh Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The delay of two years in lodgement of the F.I.R. in the facts of this case is fatal to the prosecution case. The applicant did not promise any job or employment to the informant. The applicant is not a beneficiary of any illicit transaction. The F.I.R. taken on its face value discloses that the informant had actually conspired to bribe a public servant. [Ref: Smt. Gopa Chakravarthy Vs. State of U.P. reported at 2012 (76) ACC 83]. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accused persons namely Anish Khan and Amir

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Khan, who have been enlarged on bail by this Court by order dated 16.03.2022 in Criminal Misc. Bail Application No. 56269 of 2021. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Hasmeer Khan @ Bablu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 4.4.2022

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Dhananjai

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Digitally signed by DHANANJAI Date: 2022.04.05 11:42:29 IST Reason: Location: High Court of Judicature at Allahabad

Hasmeer Khan @ Bablu v. State of U.P.

Case brief

What is this about?

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Hasmeer Khan @ Bablu v. State of U.P.

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