Gaffar Khan Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27801 of 2025

Gaffar Khan

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Rahul Gaur, Santosh Kumar Shukla
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Rahul Gaur, learned counsel for the applicant and Shri Ajai Singh, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Gaffar Khan, with a prayer to enlarge him on bail in Case Crime No.09 of 2025, under Sections 308 (3), 351 (4), 318 (4), 319 (2) BNS and 66 D of I.T. Act, registered at Police Station-Cyber Crime, District-Firozabad, during pendency of trial.

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Learned counsel for the applicant submits that the accused applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 28.06.2025. Learned counsel for the applicant submits that a First Information Report was lodged with the allegation that on 04.03.2025 first informant received a call from Mobile No. 7400989709. The caller introduced himself as an officer of Jaipur Police, threatened him that an inquiry is going on against him and if he wants to save himself he would pay money and under the said threat first informant deposited Rs. 45,500/- and 35000/- in account no. 0919010013056359 provided by the caller. Later on more money was demanded by the caller then first informant has lodged the present First Information Report. Learned counsel for the applicant submits that during investigation name of the applicant has been surfaced with the allegation that E-mail I.D. ([email protected]), which belongs to the applicant, has been used in the said crime. After arguing at length, learned counsel for the applicant submits that the applicant is languishing in jail since last more than seven months, charge sheet has been filed in the present case on 25.07.2025 and charges have been framed on 26.08.2025 and there is no need of further custodial interrogation of the applicant. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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BAIL No. 27801 of 2025

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2

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is an active member of a gang indulging in cyber crime but could not dispute the fact that in the present case charge sheet has been filed in the present case and the applicant has no criminal antecedent.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Gaffar Khan , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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February 23, 2026

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Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Gaffar Khan v. State of U.P.

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Gaffar Khan v. State of U.P.

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