Ahsan Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Ahsan Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Ahsan Khan to be released on bail in Case Crime No. 49 of 2023 (Sections 420, 406 IPC, P.S. Sadar Bazar, District Jhansi) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence/witnesses, sincere cooperation in trial without adjournments, no criminal activity), with sureties to be verified before the release order; breach of conditions to be ground for cancellation of bail.

Issue for consideration

Whether applicant Ahsan Khan, arraigned in Case Crime No. 49 of 2023 under Sections 420, 406 IPC, P.S. Sadar Bazar, District Jhansi, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, and without expressing any opinion on merits, the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant Ahsan Khan is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order.

Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurizing witnesses during investigation or trial, shall cooperate in the trial sincerely without seeking adjournments, shall not indulge in any criminal activity after release, and breach of any condition shall be a ground for cancellation of bail.ratio¶¶16

Detailed headnote1 paragraphs

Bail granted — Cheating and criminal breach of trust (Sections 420, 406 IPC) — Allegation that applicant handed over a cheque with fabricated signature and took away a Mahendra car (Case Crime No. 49 of 2023, P.S. Sadar Bazar, District Jhansi) — Applicant in custody since 24.09.2024, not a previous convict, no prospect of early conclusion of trial due to heavy dockets — Considering nature of offence, evidence and complicity, and without expressing opinion on merits, Allahabad High Court (Deepak Verma, J.) held a case for bail was made out and allowed the application, directing release on a personal bond with two sureties each in the like amount, subject to conditions against tampering with evidence, adjournment-seeking and criminal activity, breach being a ground for cancellation — Neutral Citation: 2025:AHC:36975; Order dated 17.3.2025.

Neutral Citation No. - 2025:AHC:36975

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2900 of 2025

Applicant :- Ahsan Khan Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash,Sanjay Kumar Rai Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant Ahsan Khan with a prayer to release him on bail in Case Crime No.49 of 2023, under Sections 420, 406 I.P.C., P.S. Sadar Bazar, District Jhansi during pendency of the trial.

Allegation alleged in the FIR is that the applicant handed over cheque with fabricated signature and took away Mahendra Car. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is false and baseless. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 24.09.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Ahsan Khan, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation

or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 17.3.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad