Allowed

Ishrat v. State of U.P.

Allahabad HC14 Dec 2021BAIL/44455/2021

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant, Ishrat, in a criminal case involving offences of rioting, assault, and murder. The applicant claimed false implication and lack of specific allegations against her. Bail was granted subject to personal bond and sureties, with conditions against tampering with witnesses and committing further crimes.

What did the court decide?

Release of the applicant on her furnishing a personal bond and two sureties in like amount, subject to conditions of not tampering with evidence or committing further crimes.

Ishrat Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44455 of 2021

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Applicant :- Ishrat Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.,Mohd. Hasham

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Hon'ble Deepak Verma,J.

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Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Syed Riyaz Askari, learned counsel, holding brief of Sri Mohd. Hasham, learned counsel for the informant, learned AGA for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.749 of 2021, under Sections 147, 148, 323, 504, 302, I.P.C. Police Station Baraut, District Baghpat, during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; as per F.I.R., no case is made out under alleged Sections against the applicant; applicant is young lady of 21 years; she has been falsely implicated in the present case due to prior enmity. The dispute arose on account of taking water; five persons are named in the FIR and all of them have been assigned general role of assaulting to the injured, on account of which the injured Jaju has died; no specific allegation has been made against the applicant; applicant has got no criminal history; applicant has been implicated in the present as she is daughter of one of accused Yousuf. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 30.06.2021 and in case he is enlarged

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on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ishrat, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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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.

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

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Order Date :- 14.12.2021 VKG

Ishrat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ishrat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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