Mohd. Wasi Khan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko

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Neutral Citation No. - 2025:AHC-LKO:34491

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5084 of 2025

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Applicant :- Mohd. Wasi Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

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Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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As per the contents of the FIR, the allegation against the applicant pertains to the fraudulent opening of multiple bank accounts with the intent of unlawfully extracting money from individuals in whose names the accounts were created. Specifically, it is alleged that a bank account in the name of Verma Traders was opened using the informant’s documents, and subsequently, the informant was induced to sign several blank cheques, which were later used to withdraw funds.

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Learned counsel for the applicant submits that the role attributed to the applicant is identical to that of co-accused Siraj Ahmad. It is further submitted that Siraj Ahmad has already been granted bail by this Court vide order dated 29.05.2025 in Criminal Misc. Bail Application No. 4833 of 2025. Accordingly, the applicant seeks bail on the ground of parity.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail application; however, he has not disputed the submission that the role of the applicant is

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similar to that of co-accused Siraj Ahmad.

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On due consideration to the fact that co-accused Siraj Ahmad, who was assigned similar role, has been enlarged on bail and keeping in view that the offences are triable by a Magistrate, the applicant is in custody since 12.05.2025, he has no prior criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail on the ground of parity.

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Accordingly, the bail application is allowed .

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Let the applicant Mohd. Wasi Khan involved in Case Crime No. 15 of 2025 under Section 318(4), 338, 336(3), 340(2), 341(1) of BNS Act & Section 66(C) of IT Act, Police Station Cyber Crime, District Bahraich. 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 with the following conditions which are being 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 pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 4.6.2025 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Wasi Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

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Mohd. Wasi Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

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