Allowed

Idrish v. State of U.P.

Allahabad HC22 Jun 2021BAIL/5904/2021

Case brief

AI extract

What is this about?

This bail application under Section 304, 307, 323, 336, and 504 IPC was disposed of by the Court. Finding the applicant innocent and lack of specific role assigned in the FIR, the order grants bail subject to conditions including attending trial and not tampering with witnesses.

What did the court decide?

Applicant to be released on bail by executing personal bond and furnishing two sureties with specific conditions.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5904 of 2021

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Applicant :- Idrish Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik,Sunil Kumar Counsel for Opposite Party :- G.A.,Dushyant Singh,Rajendra Kumar Yadav

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 196 of 2020, under Sections 304, 307, 323, 336 and 504 I.P.C., P.S. Rabupura, district-Gautam Budh Nagar, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against four persons including present accused, alleging therein that when the brother of the informant Irshad alias Bhuttu (deceased) was raising construction on his plot, the present accused along with other co-accused persons reached there and started hurling abuses and when he resisted all the accused persons assaulted him with kicks and fists. It was also alleged in the FIR that other co-accused Salman and Shafiq started firing in the air by their respective firearms and other co-accused Idrees started pelting stones. It was further alleged that the injured was taken to the hospital where the Doctor has declared him dead.

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Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. In the FIR general allegation has been made against four persons including applicant. No specific role has been assigned to the present accused. As per postmortem report the cause of death was Cardio respiratory arrest as a result of Myocardial Infraction (Heart attack). No external injury was found on the person of the deceased. He lastly submits that the applicant, who is in jail since 9.1.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Idrish be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 22.6.2021 Faridul

Idrish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Idrish v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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