Fahad Yazdani v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12656 of 2023 Applicant :- Fahad Yazdani Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Gopal Krishna Dixit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gopal Krishna Dixit, learned counsel for the applicant, Sri Pragyanand Rai, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0122 of 2023, under Sections 420, 406, 467, 468, 471, 506 I.P.C., registered at Police Station Hazratganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.04.2023 against six persons, including the applicant, stating that the informant had purchased a Flat No.101 situated on the first floor of Alayah Heritage Apartment from Yazdan Infracon Pvt. Ltd. through a sale deed dated 31.12.2019. The building was demolished by the Lucknow Development Authority on 15.11.2022 on the ground that the construction was raised illegally.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Applicant's involvement in 14 other cases of similar nature has been disclosed in para 59 of the affidavit and in five cases the applicant has been granted bail.

¶5Learned counsel for the applicant has further submitted that the present FIR has been filed to pressurize the applicant to pay money to the informant, for recovery of which, no proceedings has been initiated by the informant. Co-accused Sayem YAzdani has been grnated bail by means of the order dated 17.10.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.11111 of 2023.

¶6The learned A.G.A. has filed a counter affidavit, which is taken on record. He has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 08.09.2023 whereas no proceeding for recovery of money has been initiated by the informant and a co-accused has been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Fahad Yazdani be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 30.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench