Mohammad Bilal Khan v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

1. Personal affidavit filed by Sri Piyush Kumar Singh, learned A.G.A. duly sworn in by Sri Amrendra Kumar Sengar, Commissioner of Police, Lucknow and supplementary affidavit filed by learned counsel for applicant are taken on record.

2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.762 of 2021, under Section 307 IPC and Section 14 of Foreign Exchange Act, Police Station-Chinnhat, District-Lucknow.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on the basis of concocted facts and the allegation against the applicant is of firing on the police party. It is a case of no injury and the applicant was not taken into custody and his involvement was found in the confessional statement of other co-accused persons. As per provision of Section 14 of Foreign Exchange Act, punishment is provided for a period of five years. The applicant is in jail since 07.12.2022. It is further submitted that the first bail application of the applicant was dismissed as not pressed on 18.12.2024. Thereafter, his second bail application was decided on 21.04.2025 considering the contents of counter affidavit filed by the Commissioner of Police, in which, he 2 BAIL No. 9937 of 2025 categorically stated that the State will ensure the production of witnesses as well as accused persons for conclusion of trial of the case in question expeditiously. The said bail application was rejected on 07.07.2025 with the direction to the trial court to conclude the trial without giving any adjournment to either of the parties within a period of three months from the date of production of certified copy of the order and the Senior Registrar of this Court was also directed to communicate the said order to learned trial court, Director General of Police, U.P., Lucknow, Commissioner of Police, Lucknow and Joint Director, Prosecution, Lucknow for necessary compliance and it was also open for the applicant to file fresh bail application in case the trial is not concluded. It is also submitted that in the counter affidavit filed by the Commissioner of Police, it has been stated that 29 witnesses will be produced before the trial court out of 48 witnesses, but till today only two witnesses have been examined. The examination-in-chief of PW- 3 - Abhishek Pandey, S.I. was conducted on 30.10.2025 and his cross examination is scheduled on 06.11.2025. It is lastly submitted that in near future, there is no possibility for conclusion of trial, therefore, applicant is entitled for bail.

5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that names of 48 witnesses are mentioned in the list of witnesses in the charge sheet, but in the affidavit filed by the Commissioner of Police today, he has stated that only 29 witnesses will be produced and till today only two witnesses have been examined and cross examination of PW-3 is still going on. He has further stated that the applicant is Non-resident Indian, therefore, it would be difficult to ensure his presence. In these circumstances, he is not entitled to be released on bail.

6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it appears that involvement of the applicant is found on the basis of confessional statement of co- accused persons. The applicant is in jail since 07.12.2022 and only two witnesses have been examined out of 48 witnesses. The counter affidavit filed by the State reveals the casual manner of producing the 3 BAIL No. 9937 of 2025 witnesses before the trial court. This Court is disappointed regarding the manner for producing the witnesses before the trial Court. In such trial will not be concluded expeditiously. circumstances, Therefore, the applicant is entitled to be released on bail.

7. The bail application is allowed.

8. Let the applicant-Mohammad Bilal Khan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is 4 BAIL No. 9937 of 2025 deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. Office is directed to communicate this order to Principal Secretary, Department of Home, Govt. of U.P., Lucknow as well as the Director General of Police, Lucknow for necessary compliance, forthwith. November 4, 2025 Renu/- (Rajeev Singh,J.) RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

1. Personal affidavit filed by Sri Piyush Kumar Singh, learned A.G.A. duly sworn in by Sri Amrendra Kumar Sengar, Commissioner of Police, Lucknow and supplementary affidavit filed by learned counsel for applicant are taken on record.

2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.762 of 2021, under Section 307 IPC and Section 14 of Foreign Exchange Act, Police Station-Chinnhat, District-Lucknow.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on the basis of concocted facts and the allegation against the applicant is of firing on the police party. It is a case of no injury and the applicant was not taken into custody and his involvement was found in the confessional statement of other co-accused persons. As per provision of Section 14 of Foreign Exchange Act, punishment is provided for a period of five years. The applicant is in jail since 07.12.2022. It is further submitted that the first bail application of the applicant was dismissed as not pressed on 18.12.2024. Thereafter, his second bail application was decided on 21.04.2025 considering the contents of counter affidavit filed by the Commissioner of Police, in which, he 2 BAIL No. 9937 of 2025 categorically stated that the State will ensure the production of witnesses as well as accused persons for conclusion of trial of the case in question expeditiously. The said bail application was rejected on 07.07.2025 with the direction to the trial court to conclude the trial without giving any adjournment to either of the parties within a period of three months from the date of production of certified copy of the order and the Senior Registrar of this Court was also directed to communicate the said order to learned trial court, Director General of Police, U.P., Lucknow, Commissioner of Police, Lucknow and Joint Director, Prosecution, Lucknow for necessary compliance and it was also open for the applicant to file fresh bail application in case the trial is not concluded. It is also submitted that in the counter affidavit filed by the Commissioner of Police, it has been stated that 29 witnesses will be produced before the trial court out of 48 witnesses, but till today only two witnesses have been examined. The examination-in-chief of PW- 3 - Abhishek Pandey, S.I. was conducted on 30.10.2025 and his cross examination is scheduled on 06.11.2025. It is lastly submitted that in near future, there is no possibility for conclusion of trial, therefore, applicant is entitled for bail.

5. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that names of 48 witnesses are mentioned in the list of witnesses in the charge sheet, but in the affidavit filed by the Commissioner of Police today, he has stated that only 29 witnesses will be produced and till today only two witnesses have been examined and cross examination of PW-3 is still going on. He has further stated that the applicant is Non-resident Indian, therefore, it would be difficult to ensure his presence. In these circumstances, he is not entitled to be released on bail.

6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, it appears that involvement of the applicant is found on the basis of confessional statement of co- accused persons. The applicant is in jail since 07.12.2022 and only two witnesses have been examined out of 48 witnesses. The counter affidavit filed by the State reveals the casual manner of producing the 3 BAIL No. 9937 of 2025 witnesses before the trial court. This Court is disappointed regarding the manner for producing the witnesses before the trial Court. In such trial will not be concluded expeditiously. circumstances, Therefore, the applicant is entitled to be released on bail.

7. The bail application is allowed.

8. Let the applicant-Mohammad Bilal Khan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is 4 BAIL No. 9937 of 2025 deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. Office is directed to communicate this order to Principal Secretary, Department of Home, Govt. of U.P., Lucknow as well as the Director General of Police, Lucknow for necessary compliance, forthwith. November 4, 2025 Renu/- (Rajeev Singh,J.) RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench