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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13087 of 2023 Applicant :- Fahad Yazdani Opposite Party :- State Of U.P. Thru. Addl Chief Secy. Civil Sectt. Lko Counsel for Applicant :- Gopal Krishna Dixit,Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gopal Krishna Dixit, learned counsel for the applicant, Sri Gyanendra Singh, 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. 296 of 2022, under Sections 148, 323, 504, 409, 420 I.P.C., registered at Police Station Mahanagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.10.2022 against Sayem Yazdani and the applicant, the Directors of Yazdani Builders, and their accomplices stating that the informant had booked three flats from Yazdani Builders and the considerations for the flats were being paid since the year 2013. The F.I.R. states that the informant was paid Rs.94,00,000/- but the flats were not sold to them.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant is also involved in 14 other cases, in which his bail application is pending. Applicant's criminal history of 13 other cases has been disclosed in para 68 of the affidavit which are of similar nature and the applicant has already been granted bail in three of those cases. Co-accused Sharaft Ali has been granted bail by means of the order dated 28.07.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.9508 of 2023.

¶5Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a Director of the Company and another Director of the company has already been granted bail whereas the applicant is languishing in jail since

08.09.2023 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.

¶6Accordingly, this bail application stands allowed.

¶7Let 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 :- 6.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench