Allowed

Irshad @ Islam v. State of U.P.

Allahabad HC1 Dec 2020BAIL/57499/2019

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a criminal case involving Sections 398 and 401 IPC. Relying on Article 21 and a Supreme Court precedent, the applicant was released on a personal bond with an option to furnish sureties later when courts resume normal functioning.

What did the court decide?

Release on bail on furnishing a personal bond with conditions, differing surety requirements based on court functioning status.

Irshad @ Islam Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57499 of 2019

¶3

Applicant :- Irshad @ Islam Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶6

Heard Sri Mohammad Kalim, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶7

This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 651 of 2016, under Sections 398 and 401 IPC, P.S. Deoband, District Saharanpur, during pendency of trial.

¶8

It is contended by learned counsel for the applicant that earlier the applicant was on bail but he could not appear before the court below since 29.9.2018 to 4.11.2019. Consequently, nonbailable warrant was issued against the applicant and he was arrested. In paragraph 5 of the affidavit filed in support of bail application, it is stated that the applicant went to Punjab for getting his livelihood and therefore, he could not attend the court on the date fixed. It has been further submitted that applicant is in jail since 2.10.2019, having criminal history of one case to his credit, which has been explained in paragraph 2 of the supplementary affidavit in which he has been granted bail by the co-ordinate Bench of this Court vide order dated 1.5.2020 in Criminal Misc. Bail Application No. 56134 of 2019 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.

¶9

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

¶10

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant- Irshad

¶11

@ Islam involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶16

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶18

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

Order Date :- 1.12.2020 Noman

Irshad @ Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irshad @ Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ovesh Vs State of U.P.

Pramod Vs State of U.P.

Simran Deep Singh Vs State of U.P.

Preetu Vs State of U.P.

Sunita Devi Vs State of U.P.

Sonu Alias Gajendra Vs State of U.P.