JASIM ALIAS ABDUL RAHMANversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 37776 of 2025

Jasim Alias Abdul Rahman
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)           :   B.N.Singh, Manish Kumar Singh
Counsel for Opposite Party(s)      :   G.A.

Court No. - 66
                      HON'BLE SAMEER JAIN, J.

1. Heard Sri Manish Kumar Singh, learned counsel for the applicant and
Dr. S.B.Maurya, learned AGA-I, for the State.

2. The instant bail application has been filed on behalf of the applicant
with the prayer to release him on bail in Case Crime No.277 of 2025,
under Sections 316(5), 318(4) and 317(2) BNS, Police Station Kotwali
Nagar, District Banda during pendency of the trial.

3. Learned counsel for the applicant submits that however, as per
allegation applicant and co-accused Sheebu duped the informant by way
of Fraud Deposit Scheme of their Company but entire allegations made
against the applicant are totally false.

4. He further submits that considering the record of the case it reflects that
co-accused Sheebu is principal accused, who duped the informant as it
reflects that entire money of Rs.8,65,000/- has been transferred to the
co-accused Sheebu and this fact is evident from second supplementary
affidavit dated 16.1.2026 filed in support of the instant bail application.

5. He further argued that applicant has been made accused in the present
matter only because he also launched the alleged Company along with
co-accused Sheebu though he never intended to commit any fraud.

6. He further submits that co-accused Sheebu has already been released
on bail by Coordinate Bench of this Court vide order dated 17.12.2025
passed in Criminal Misc.Bail Application No. 36468 of 2025 passed in
Criminal Misc. Bail Application No. 36468 of 2025.
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7. He further submits that apart from the present case applicant is
however having criminal history of two other cases though similar
allegation but in those cases also co-accused Sheebu appeared to be prime
accused and in one case applicant is on bail.

8. He further submits that applicant is in jail in the present matter since
23..5.2025 i.e., for the last eleven months.

9. Per contra, learned AGA although opposed the prayer for bail but
could not dispute the argument on facts advanced by the learned counsel
for the applicant.

10. I have heard learned counsel for the parties and perused the record of
the case.

11. However, as per allegation applicant and co-accused Sheebu duped
the informant and misappropriated his Rs.8,65,000/- but record suggests
that informant transferred entire money to co-accused Sheebu and co-
accused Sheebu has been released on bail by Coordinate Bench of this
Court.

12. Further, however, apart from the present case applicant is also having
criminal history of two other cases but his entire criminal history has been
explained in the instant bail application and in one case applicant has
already been released on bail.

13. Further, in the present matter applicant is in jail since May, 20256,
i.e.,for the last eleven months.

14. Further, law is settled that unless proven guilty, an accused is deemed
to be innocent and bail application should not be dismissed either for
punitive or preventive purposes.

15. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.

17. Let the applicant-Jasim @ Abdul Rahman be released on bail in the
aforesaid case on furnishing a personal bond and two sureties each in the
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                                    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 her 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 her 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.

                                    18. 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.

                                    19. 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.




                                                                                                (Sameer Jain,J.)
                                    April 23, 2026
                                    SKM




Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad