Iliyas v. State of U.P.
Case brief
What is this about?
Held that the applicant Iliyas deserves bail in a criminal case involving Sections 452, 323, 354, 504, 506 IPC and 120-B IPC, considering no priors, co-accused on bail, and no evidence of tampering.
What did the court decide?
Allowed bail application. Released on bail after furnishing personal bond, two sureties, and undertaking to cooperate.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3068 of 2020
Applicant :- Iliyas Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.262 of 2018, under Sections 452, 323, 354, 504, 506 & 120-B IPC, Police Station Kotwali Dehat, District Bijnor, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. Role of the applicant is assigned that he is standing out side from the house of victim. Applicant is in jail since 02.12.2019 and having no criminal history against him. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it has been submitted that main accused Nazakat has married to Gazala and they are living peacefully and Nazakat has already been granted bail by a coordinate Bench of this Court on 02.12.2019 in Criminal Misc. Bail Application No.2819 of 2019, therefore, the applicant be released on bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Issues for consideration
2 issues framed by the court
Whether the applicant Iliyas deserves bail in a case under Sections 452, 323, 354, 504, 506 and 120-B IPC considering co-accused grant of bail.
Whether the applicant poses a risk of fleeing or tampering with witnesses.
Parties & counsel
- applicant
Iliyas
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3068/2020
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