Court granted bail to Iklaas in a criminal case involving theft and mischief, imposing conditions regarding witness tampering, cooperation in trial, and no further criminal activity, despite arrest following a co-accused's statement.
Applicant released on bail with personal bond and two sureties in like amount under specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28741 of 2018
Applicant :- Iklaas Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument is that the applicant is named in the F.I.R. and he has been arrested on the statement of co-accused Sarfaraj @ Aunni who has been granted bail by this Court. The applicant has no criminal history to his credit and he is in jail since25.03.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Iklaas , be released on bail in Case Crime No. 38 of 2018, under sections 380, 411 I.P.C, P.S. Dilari, District- Moradabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2018
Rohit
2 issues framed by the court
Whether the applicant is entitled to bail given his lack of criminal history.
Whether bail conditions can be imposed to ensure surrender to trial.
Iklaas
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
