Allowed

Ibrar @ Pappu Khan v. State of U.P.

Allahabad HC5 Nov 2019BAIL/8683/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 8683 of 2018, the Court granted bail to the applicant, Ibrar @ Pappu Khan, in a murder case under Sections 147, 148, 149, and 302 IPC. The order was based on the principle of parity with a co-accused already granted bail, without expressing an opinion on the merits of the case.

What did the court decide?

The applicant was released on bail subject to furnishing a personal bond and two reliable sureties, with conditions against tampering with evidence, pressuring witnesses, and requiring appearance on f

Ibrar @ Pappu Khan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8683 of 2018

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Applicant :- Ibrar @ Pappu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sheel Kumar Ojha,Awadhesh Kumar Srivastava,Krishna Gopal,Rahul Saxena,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.,Gopeshwar Sahai Bisaria

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Hon'ble Rajul Bhargava,J.

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Heard Sri Rahul Saxena, learned counsel for the applicant, Sri Krishna Gopal, learned counsel for the informant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantIbrar @ Pappu Khan in Case Crime No.228 of 2017, under Sections 147, 148, 149 and 302 I.P.C., Police Station Faridpur, District-Bareilly with the prayer to enlarge him on bail.

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The argument of the learned counsel for the applicant is that according to the F.I.R. general role of firing has been attributed to four accused. Co-accused, Kalua alias Pappu Khan against whom general allegations have been made has been been granted by a detailed order passed by coordinate Bench of this Court on 5.8.2019 in criminal Misc. Bail Application No.29832 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.07.2017, deserves to be released on bail on the ground of parity.

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Per contra, learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail to the applicant but could not point out similarly situated coaccused,Kalua alias Pappu Khan has been enlarged on bail by a coordinate Bench of this Court.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Ibrar @ Pappu Khan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 5.11.2019

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MN/-

Ibrar @ Pappu Khan v. State of U.P.

Case brief

What is this about?

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Ibrar @ Pappu Khan v. State of U.P.

Case brief

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