Mohd Asif Iqbal Khan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48038 of 2023 Applicant :- Mohd Asif Iqbal Khan Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-respondent.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 206 of 2023 under Sections 406, 467, 468, 471, 419 and 420 of I.P.C., Police Station-Mughalsarai, District-Chandauli, during pendency of the trial.

3.Counsel for the applicant submits that the applicant was not named in the first information report. The money was credited in the account of one Naresh Das. The applicant is not a beneficiary of the illicit transaction. Counsel for the applicant has also drawn the attention of the Court towards the Notarial Certificate dated

02.01.2023 whereby the alleged vehicle was given by the owner of the vehicle on lease to Naresh Das. It is contended that the applicant had no role in the alleged incident. The criminal history of the applicant has been explained in para no. 25 of the bail application. The applicant is in jail since 24.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the money was credited in the account of one Naresh Das. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than four months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Mohd Asif Iqbal Khan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.12.2023 Sachin Mishra High Court of Judicature at Allahabad