BAIL/14332/2026 of MD WASI Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14332 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Sumit Nandwani, learned counsel for the applicant through VC and Sri Manish Tiwari also learned counsel for the applicant and Sri Manoj Gautam, learned AGA for the State- respondents and Sri Aushim Luthra and Sri Yashonidhi Shukla, learned counsel for the first informant and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 0446 of 2025, under Sections 318(4), 338, 336(3), 340(2) BNS and Section 61(2), 66(D) of IT Act, registered at Police Station Sector 58 Noida, District Gautam Buddha Nagar, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 4.12.2025. It is further submitted that the applicant is not the beneficiary of the alleged transaction and he is simply a witness of the alleged sale deed which has been executed by co-accused Sanaullah Ansari. It is also submitted that chargesheet has already been submitted and case is based on documentary evidence and no further incarceration of the applicant is required. It is also submitted that Versus Counsel for Applicant(s) : Anand Kumar Gupta, Manish Tiwari, Prabhat Kumar Pandey Counsel for Opposite Party(s) : Aushim Luthra, G.A., Yashonidhi Shukla Md Wasi .....Applicant(s) State of U.P. .....Opposite Party(s) the applicant is having no criminal history.   It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned counsel for the first informant and learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that the applicant and co-accused are the master-mind of the entire fraud as they have indulged in fradulent transaction by impersonation and the applicant has executed a sale deed by impersonation. In reply, learned counsel for the applicant submits that no FSL report has been found regarding alleged impersonation. 5. The applicant is said to be a witness of the alleged sale deed purportedly by co-accused Sanaullah Ansari and the applicant has been languishing in jail since 4.12.2025 and chargesheet has already been submitted. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant- Md. Wasi involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. BAIL No. 14332 of 2026 2 (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 Abhishek BAIL No. 14332 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad