Faisal Khan vs State of U.P.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 269 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) BNS, Police Station- Masuri, District Ghaziabad.

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Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, merely on the basis of transferred of Rs. eight lakh by coaccused Harendra in the account of the applicant, he has been falsely implicated. He further submitted that actually the applicant is brother of co-accused Kaasif for that reason, the applicant knows Harendra, who used to come in the gym of co-accused Kaasif. It is further submitted that actually the applicant has given a loan of Rs.2 lakh to Harendra in lieu of returning the same, he deposited Rs. 8 lakh in the account of the applicant and asked the applicant, he may deduct the loan amount along with interest and return the remaining amount in different accounts given by Harendra. This fact can be verified from the bank statement of the applicant, therefore, the applicant has not committed any offence as he was not part of the forgery mentioned in the FIR. It is lastly submitted that the applicant has no criminal history and he is languishing in jail since 16.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation

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BAIL No. 3579 of 2026

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2

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reported in 2025 SCC Online SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Faisal Khan involved in the aforementioned crime 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:-

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i. 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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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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February 17, 2026 A.Kr.

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(Arun Kumar Singh Deshwal,J.)

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

Faisal Khan v. State of U.P.

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Faisal Khan v. State of U.P.

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