Khurshid Ahmad vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33799 of 2025

Khurshid Ahmad

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sharique Ahmed
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 Shri Sharique Ahmed, learned counsel for the applicant and Sri Imran Khan, 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 him on bail in Case Crime No.1001 of 2000, under Sections 467,468,419,420, 109, 408, 471 and 120-B IPC and Section 13(1)(2) Prevention of Corruption Act, 1988, Police Station Kotwali Ghazipur, District Ghazipur during pendency of the trial.

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Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2000 against 17 persons (non-applicants) and as per allegation named accused persons disbursed the loan amount related to Government Scheme to fictitious persons.

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He further submits that during investigation after six years in the year 2006 name of the applicant was surfaced during further investigation conducted by Economic Offences Wing, Varanasi.

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He further submits that as per allegation applicant was Field Officer in U.P.Minority Financial and Development Corporation and he failed to discharge his duties diligently.

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He further submits that along with applicant co-accused Ashok Kumar was also made accused with similar allegation and he has been released on anticipatory bail by this Court and his order has been annexed as Annexure-17 to the affidavit filed in support of the instant bail

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application.

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He further submits that applicant, however, fully cooperated with the investigation but the Investigating Officer did not propose to arrest him but suddenly on 20.8.2025 applicant has been arrested and after six days, i.e., on 26.8.2025 charge sheet has been filed against him.

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He further submits that after more than two decades from the date of lodgement of the FIR applicant has been arrested in the present matter and there is no allegation that he either did not cooperate with the investigation or he was an absconder.

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He further submits that however, apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application and in all the three cases he is on bail.

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He further submits that applicant is in jail in the present matter since 20.8.2025, i.e., for the last one and half months.

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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, as per allegation applicant and other accused distributed the loan amount to fake persons and applicant is Field Officer in U.P.Minority Financial Welfare and Development Corporation but it reflects that after six years from the date of lodgement of the FIR during investigation applicant has been made accused in the present matter.

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Further, applicant has been arrested in the present matter after more than two decades and there is no allegation that he was either absconder or he was not cooperating with the investigation.

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Further, similarly placed co-accused Ashok Kumar has been released on anticipatory bail by this Court.

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Further, however, apart from the present case applicant is having criminal history of three other cases but his criminal antecedents have been explained in the instant bail application and in these matters applicant is on bail.

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Further, in the present matter applicant is in jail since 20.8.2025, i.e., for the last one and half months.

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Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purposes.

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

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Let the applicant- Khurshid Ahmad 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 his 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 him 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

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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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October 6, 2025

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SKM