Danish Khan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Danish Khan vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Danish Khan enlarged on bail in Case Crime No. 530 of 2024, under Sections 3(5), 118(1), 109(1) of B.N.S., Police Station Ghoshi, District Mau, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) shall not tamper with prosecution evidence; (ii) shall not threaten or harass prosecution witnesses; (iii) shall appear on dates fixed by the trial court; (iv) shall not commit similar offences; (v) shall not directly or indirectly make any inducement, threat or promise to dissuade disclosure of facts or tamper with evidence; and in case of default of any condition, the court concerned may cancel the bail in accordance with law.

Issue for consideration

Whether the applicant, Danish Khan — not named in the FIR, assigned no specific role by the injured, with the main role lying with co-accused Shoeb, and in jail since 20.11.2024 with no criminal history — may be enlarged on bail in Case Crime No. 530 of 2024, under Sections 3(5), 118(1), 109(1) of B.N.S., Police Station Ghoshi, District Mau.

Court's answer

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Ratio / Principle

The bail application stands allowed and the applicant shall be enlarged on bail in Case Crime No. 530 of 2024, under Sections 3(5), 118(1), 109(1) of B.N.S., Police Station Ghoshi, District Mau, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

In case of default of any of the enumerated bail conditions, the court concerned shall be at liberty to cancel the bail of the applicant in accordance with law.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.; Order dated 24.4.2025) allowed CRIMINAL MISC. BAIL APPLICATION No. 7455 of 2025 and directed enlargement of applicant Danish Khan on bail in Case Crime No. 530 of 2024, under Sections 3(5), 118(1), 109(1) of B.N.S., Police Station Ghoshi, District Mau, on executing a personal bond and furnishing two local sureties each in the like amount, subject to standard conditions (non-tampering with evidence, non-harassment of witnesses, appearance on trial dates, no similar offences, no inducement/threat/promise), with liberty to the court concerned to cancel bail on default. Counsel argued the applicant was not named in the FIR, the injured assigned no specific role to any accused, the informant named him only in her additional statement, and the main role lay with co-accused Shoeb; the applicant was in jail since 20.11.2024 with no criminal history. The learned A.G.A. opposed bail but did not dispute that the main role lay with the co-accused. Granting bail on overall facts and circumstances without expressing any opinion on merits.

Neutral Citation No. - 2025:AHC:64074

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7455 of 2025

Applicant :- Danish Khan Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

Learned counsel for the applicant has argued that applicant is not named in the F.I.R. The injured in his statement has not assigned any specific role to any of the accused. The informant in her additional statement named the applicant. Main role has been assigned to the co-accused, Shoeb. Thus, the applicant may be enlarged on bail having no specific role. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.11.2024, with no criminal history.

Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed that main role has been assigned to the co-accused, Shoeb.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

Let the applicant- Danish Khan , be enlarged on bail in Case Crime No. 530 of 2024, under Sections 3(5), 118(1), 109(1) of B.N.S., Police Station- Ghoshi, District- Mau, on executing a

personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.

Order Date :- 24.4.2025 Mustaqeem.

Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad