Allahabad High Court
MOHD. YUSUF KHANversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Mohd. Yusuf Khan, who was charged under Sections 406, 419, 420, 467 and 506 of the Indian Penal Code for alleged fraud. The applicant argued that he had returned the entire amount of Rs.176,000 received from the informant, as ordered by a coordinate bench of the same court, and that he had no prior criminal record despite having been in custody since 29 August 2025. The State opposed bail, contending that Rs.40,000 of the amount remained with the applicant and that the trial was ongoing. After reviewing the record, the Court noted the applicant’s restitution, clean criminal history and prolonged pre‑trial detention of more than eight months. Without expressing an opinion on the merits, the Court granted bail subject to a personal bond, two sureties and standard conditions. The order clarified that the bail decision does not prejudice the trial’s substantive issues.
Issues considered
- Whether bail should be granted to the accused under Sections 406, 419, 420, 467 and 506 IPC given the restitution of the alleged fraud amount and lack of prior criminal record.
- Whether the remaining unrestituted sum of Rs.40,000 affects the grant of bail.
Legislation cited
- Indian Penal Code — s. 406, 419, 420, 467, 506
Subjects
- bail
- Indian Penal Code
- fraud
- criminal history
- sureties
- pre‑trial detention
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42120 of 2025
Mohd. Yusuf Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajeev Kumar Saxena, Virendra Kumar
Yadav
Counsel for Opposite Party(s) : Rajesh Kumar, G.A.
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.
BAIL No. 42120 of 2025
2
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
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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