Idaris v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Idaris in a murder case. The court granted bail without expressing an opinion on merits, imposing conditions to avoid tampering with evidence.
What did the court decide?
The applicant is released on bail on furnishing a personal bond and two reliable sureties of the like amount.
What the court decided
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3472 of 2020
Applicant :- Idaris Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Syed Ali Imam, learned counsel 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 applicantIdaris in Case Crime No. 277 of 2018, under Sections 302, 201, 34 I.P.C., Police Station- Hapur Dehat, District- Hapur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. It is stated therein that the applicant used to go to his workplace along with co-accused Ajeet. The first informant after recovery of the dead body on 23.7.2018 moved an application that the applicant and co-accused Ajeet has murdered his brother. In the said application, name of any witness or the source of information that the applicant is involved in the crime has not been disclosed. It is argued that the only evidence appearing against the applicant is the recovery of Katta which could not be connected with the present crime. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.7.2018, 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 is entitled to be released on bail in a murder case.
Whether the grounds of false implication warrant grant of bail.
Parties & counsel
- applicant
Idaris
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3472/2020
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