BAIL/42120/2025 of MOHD. YUSUF KHAN Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42120 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Virendra Kumar Yadav, learned counsel for the applicant and Sri Arvind Kumar Bhartiya, Advocate Sri Rajesh Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 48 of 2024,  under Sections 406, 419, 420, 467, 506 IPC, Police Station Nonhara, District  Ghazipur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation applicant and co-accused Harinarayan duped the informant and applicant by playing fraud received Rs. 176000/- in his account from him but applicant pursuant to the order dated 28.11.2025 passed by co-ordinate bench of this Court has returned the amount of Rs. 176000/- to the informant which was transferred by him in his account. 4. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.8.2025 i.e. for last more than eight months. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that however applicant pursuant to the order passed by the co-ordinate bench of this Court has returned Rs. 176000/- to the informant but Rs. 40,000/- is still with him which is not returning. 6. They however could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 29.8.2025 i.e. for last more than eight months. 7. I have heard learned counsel for the parties  and perused the record of the case. 8. Considering the fact that pursuant to the earlier order passed by this Court, applicant has already returned Rs. 176000/- to the informant and he is having no criminal history and he is in jail in the present matter since 29.8.2025 i.e. for last more than eight months, in my view, applicant is entitled to be released on bail.  Versus Counsel for Applicant(s) : Rajeev Kumar Saxena, Virendra Kumar Yadav Counsel for Opposite Party(s) : Rajesh Kumar, G.A. Mohd. Yusuf Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Mohd. Yusuf Khan, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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  any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the  bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.  April 23, 2026 Ankita BAIL No. 42120 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad