Naushad Khan vs State of U.P.

Neutral Citation No. - 2025:AHC:62971

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9519 of 2025

Applicant :- Naushad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, seeking enlargement on bail in Case Crime No. 330 of 2024, under Sections 316(5), 316(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Pahasu, District Bulandshahr during the pendency of the trial.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. The applicant has been falsely implicated in the present case. It is submitted that the applicant was working with the Indian Bank. As per prosecution story, the allegation against the applicant is that he has embezzled Rs. 5,07,090/- of the customer of bank. It is submitted that the wife of the applicant was suffering from cancer and he was required some money and that money was spent on the treatment of her ailing wife and there was no intention for committing the offence as alleged in the FIR. He is a person of clean antecedents and has not committed any offence. It is further submitted that the applicant is languishing in jail since 17.02.2025. The investigation is still going on. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail.

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Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant.

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

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The applicant is languishing in jail since 17.02.2025. He is a man of clean antecedents. The investigation is still going on. No recovery has been made from the possession of the applicant. There are no material brought on record to connect the applicant in the instant case and it is undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court and also to consider the nature of offence. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed.

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Let the applicant- Naushad Khan who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 24.4.2025 Pratima

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(Chandra Dhari Singh,J.)

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Naushad Khan v. State of U.P.

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Naushad Khan v. State of U.P.

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