Allowed

Ishraq v. State of U.P.

Allahabad HC10 Jan 2019BAIL/26392/2018

Case brief

AI extract

What is this about?

Court allowed bail to applicant Ishraq in a murder and affray case. The applicant was in custody for over a year. Coordinate benches had granted bail to co-accused. Court found it fit case for bail on personal bond and sureties.

What did the court decide?

Released on bail on furnishing personal bond and two sureties subject to conditions against tampering with evidence, intimidating witnesses, and committing similar offences.

Ishraq Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26392 of 2018

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Applicant :- Ishraq Opposite Party :- State Of U.P. Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.,Jitendra Pal Singh,Pradeep Kumar Singh,Shailesh Kumar Tiwari,A/J0201,A/P0265

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit and counter affidavit filed today are taken on record.

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Heard learned counsel for the applicant, Sri Jitendra Pal Singh, learned counsel for the complainant, learned A.G.A for the State and perused the record.

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According to prosecution case, the F.I.R. was lodged against seven accused persons, namely Israk, Sajiv, Afsar Ali, Sanabbar Ali, Mohsin, Afak and Akram alleging that on 10.10.2017 they assaulted Kaushar Ali. He received eight injuries, resultantly died. Recovery of iron rod was found on the pointing out of accused Sazib and Mohseen.

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From perusal of the postmortem report, it transpires that total fourteen injuries were found on the body of the deceased but only injury no. 8 was found on head due to that injury the deceased died. Other injuries are not on vital part basically hands and legs.

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Learned counsel for the applicant submitted that co-accusedAfsar Ali and Sanabbar Ali have been enlarged on bail by coordinate Bench of this Court vide order dated 27.11.2018 in Criminal Misc. Bail Application No. 8328 of 2018 and the case of the applicant is identical to the case of co-accused who have been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity; applicant is languishing in jail sine 6.11.2017 (about one year and two months); two cases of criminal history have been explained and the applicant is on bail; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.

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Learned A.G.A. opposed the prayer for bail but could not

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dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the case of the applicant is identical to the case of co-accused-Afsar Ali and Sanabbar Ali, who have been enlarged on bail.

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Sri Jitendra Pal Singh and Sri Pradeep Kumar Singh, learned counsel for the complainant submitted that due to previous enmity they killed the deceased and they grabbed the property of Gaon Sabha also.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Ishraq involved in Case Crime No. 459 of 2017 (S.T. No. 29 of 2018), under Section 147, 148, 342, 308, 304 IPC, Police Station-Ushait, District-Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 10.1.2019 OP

Ishraq v. State of U.P.

Case brief

What is this about?

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Ishraq v. State of U.P.

Case brief

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