Mohammad Aalam Khan vs. State Of Up

Held

The Court granted bail to the applicant, Mohammad Aalam Khan. While not expressing an opinion on the merits of the case, the Court considered the facts and circumstances, the submissions made by both counsel, and the material on record, along with the nature of the offense. The applicant is to be released on furnishing a personal bond and two local sureties to the satisfaction of the court. Specific conditions were imposed, including an undertaking not to tamper with evidence or intimidate witnesses, to cooperate with the trial, and to remain present on fixed dates. Failure to adhere to these conditions would be grounds for cancellation of bail and could lead to further proceedings under relevant sections of the Indian Penal Code and Cr.P.C.

Facts

This case involves a bail application filed by Mohammad Aalam Khan, the applicant, who is accused in Case Crime No. 883 of 2019. The charges include offenses under the Indian Penal Code (Sections 406, 419, 420, 463, 465, 468, 471, 120-B, 467) and the U.P. C.G.S.T. Rules 2017 (Sections 29, 74, 122, 132). The applicant claims he was an employee of the firm Sarvshri Pacific Wood Tin No. 5 and that his mobile was used on the GST portal, asserting he has been falsely implicated. He has been in jail since July 18, 2020, and has no prior criminal history. The prosecution alleges that the applicant's photo and mobile number were used by the firm, which belonged to one Rafique, and that the mobile number on the GST portal belonged to the applicant.

Key Issues

1. Whether the applicant is entitled to be enlarged on bail in Case Crime No. 883 of 2019, under Sections 406, 419, 420, 463, 465, 468, 471, 120-B, 467 I.P.C. and under Sections 29, 74, 122, 132 U.P. C.G.S.T. Rules 2017. Petitioner's Arguments: The applicant contends that his mobile was used on the GST portal and that he was merely an employee of the firm Sarvshri Pacific Wood Tin No. 5, thus being falsely implicated. He argues there is no risk of him fleeing or tampering with witnesses and that he has no criminal history. He has been incarcerated since July 18, 2020. Revenue/State's Arguments: The learned A.G.A. opposed the bail application, stating that the applicant's photo and mobile number were used by the firm Sarvshri Pacific Wood Tin No. 5, which was owned by Rafique, and that the mobile number on the GST portal was indeed the applicant's.