Allahabad High Court
RIHAN KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The High Court considered the bail application of Rihan Khan, who is charged under IPC sections 420, 467, 468, 471 and Section 38 of the Aadhaar Act for an alleged fraud involving a Rs.2,000 transfer. The applicant pleaded innocence, described the allegations as petty, and pointed to a history of twelve explained cases while being in custody since 8 May 2026. The State opposed bail, but the court, after reviewing the material and counsel submissions, found a prima‑facie case for bail without expressing any view on the merits. Consequently, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. The order also warned that breach of conditions would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail while trial is pending for offences under IPC sections 420, 467, 468, 471 and Aadhaar Act Section 38.
- Whether a prima facie case for bail exists despite the seriousness of the alleged offences.
Legislation cited
- Aadhaar Act — s. 38
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- criminal procedure
- IPC
- Aadhaar Act
- prima facie case
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22525 of 2026
Rihan Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Pandey, Kamlesh Kumar
Bharti, Umesh Prasad Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.121 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Umesh Prasad Singh, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.562 of 2025, under Sections 420,
467, 468, 471 I.P.C. and Section 38 of Aadhaar Act, Police Station Tajganj,
District Agra, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations are petty in nature. An amount of Rs.2,000/- is stated to have
been transferred to the account of the applicant in the instant case. The
applicant has nothing to do with the said offence. The criminal history of
twelve cases assigned to the applicant stands explained. He is in jail since
08.05.2026 and undertakes to cooperate with the trial and not misuse the
liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 22525 of 2026
2
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Rihan Khan, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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