Ikram v. State of U.P.
Case brief
What is this about?
Single judge bail application under Section 437 CrPC. Applicant sought bail on grounds of parity with coaccused released earlier. Court granted bail imposing conditions regarding cooperation, witness tampering, and illegal activities.
What did the court decide?
Application allowed; accused released on personal bond with two sureties upon satisfying court of their identity and status.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3358 of 2018
Applicant :- Ikram Opposite Party :- State Of U.P. Counsel for Applicant :- Gurfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gufran Ali,learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the coaccused Rakesh has been granted bail by this Court on 11.1.2018 in Criminal Misc.Bail Application No.1377 of 2018, a copy of the said order has been produced by the learned counsel for the applicant and the case of the applicant stands on identical footing, hence the applicant is also entitled to be released on bail on the ground of parity. The applicant has no criminal history against his credit. The applicant is in jail since 17.10.2017.
Learned A.G.A.opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a coaccused who was already granted bail?
Whether reasonable apprehension of tampering with witnesses exists in the present case?
What conditions should be imposed on the grant of bail to the applicant?
Parties & counsel
- applicant
Ikram
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3358/2018
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