Irfan v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant Irfan in a murder and culpable homicide case, noting the lack of early trial conclusion and his clean criminal record, ordering release on personal bond and two sureties.
What did the court decide?
Released on bail on personal bond and two reliable sureties of like amount subject to conditions.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6248 of 2019
Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Dhananjay,Chandra Bhan Singh Chandel,Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Bhan Singh Chandel and Sri Ashutosh holding brief of Sri Narendra Singh Chahar, learned counsels for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicantIrfan in Case Crime No.871 of 2017, under Sections 364, 302, 201, 120-B, 34 I.P.C., Police Station- Loni Border, DistrictGhaziabad with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been made an accused on the basis of confession made before the police by coaccused, John Mohammad after nine months of the incident. It is argued that confession made by the co-accused before the police has no legal sanctity in the eyes of law. Besides it, the prosecution has also introduced the evidence of extra-judicial confession made by the applicant before Mange Ram and Ram Jain after nine months of the incident. He has further submitted that the case of the applicant is distinguishable from that of coaccused, Rekha and John Mohd on whose pointing out skeleton of deceased, Smt. Baby was recovered. It is stated that coaccused Murtaza @ Ayya has been enlarged on bail by this Court vide order dated 11.10.2018 in Criminal Misc. Bail Application No. 39033 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 6.5.2018, having no criminal history to his credit, deserves to be released on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant deserves to be released on bail given the lack of early prospect of trial conclusion and his clear criminal history transfer.
Whether the applicant's innocence claims and lack of confessional evidence against him warrants bail despite the nature of charges.
Parties & counsel
- applicant
Irfan
- respondent
State of U.P.
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/6248/2019
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