Mohsina Khan vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32261 of 2025

Mohsina Khan

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sunil Choudhary
Counsel for Opposite Party(s) : G.A.

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Court No. - 82

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HON'BLE SAMEER JAIN, J.

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Heard Sri Sunil Choudhary, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.55 of 2019, under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 13 (1)C and 8 Prevention of Corruption Act, Police Station E.O.W., District Meerut.

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Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2019 against the applicant and two others with the allegation that applicant was Manager in Madarsa and she along with other accused persons misappropriated the scholarship amount of students but entire allegations levelled against the applicant are totally false.

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He further submits that FIR of the present case was lodged in the year 2019 and since then six years have passed but till date investigation is still pending and although Investigating Officer could not collect any cogent and admissible evidence against the applicant but in spite of that after six years he arrested the applicant on 14.8.2025.

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He further submits that there is no allegation that applicant was either absconder or was not cooperating with the investigation.

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He further submits that even from the material available on record it reflects that on the basis of general and omnibus allegation applicant has been roped in the present matter.

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BAIL No. 32261 of 2025

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2

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He further submits that even as per allegation it reflects that applicant and other accused committed irregularity in distributing the scholarship amount and mere irregularity does not attract criminal offence.

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He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 14.8.2025, i.e., for the last more than one month.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant was Manager in a Madarsa and as per allegation she along with other accused misappropriated the scholarship amount of the students and she is in jail only since 14.8.2025, i..e, for the last one month but it reflects that FIR of the present case was lodged in the year 2019 and applicant was arrested in August, 2025 and there is no allegation that she was either not cooperating with the investigation or she was absconder.

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Further, from the FIR it reflects that there was some irregularity in distributing the scholarship amount and considering this fact the argument advanced by the learned counsel for the applicant that prima facie even from the record it reflects that no criminal offence is made about against the applicant,

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Further, applicant is a lady and she is not having any previous criminal history.

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Further, law is settled that bail is a rule while bail rejection is an exception and unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive or preventive purpose.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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BAIL No. 32261 of 2025

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3

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Mohsina Khan 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(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 her from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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 the said observations shall have no bearing on the merits of the case during trial.

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(Sameer Jain,J.)

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September 19, 2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Mohsina Khan v. State of U.P.

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Mohsina Khan v. State of U.P.

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