Allowed

Irshad v. State of U.P.

Allahabad HC9 Sept 2022BAIL/29985/2022

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a murder case involving affray and conspiracy, noting that several co-accused were already released. Relief was granted subject to personal bond, two heavy sureties, and standard conditions regarding evidence tampering and appearance.

What did the court decide?

The applicant involved in Crime No. 79 of 2022 under Sections 147, 148, 149, 120-B, 212, 302/304 IPC be released on bail with a personal bond and two heavy sureties.

Irshad Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29985 of 2022

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Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Syed Khursheed Anwar Alvi,Mariyam Azmi Counsel for Opposite Party :- G.A.,Sharad Chandra

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant and learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant has been falsely implicated for causing murder of the deceased who is son of the informant with 9 other co-accused persons out of which Virasat Ali, Alfais & Farad @ Munna have already been granted bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos.33029 of 2022, 26414 of 2022 & 27672 of 2022 vide orders dated 06.09.2022, 29.06.2022 & 01.07.2022. The case of this applicant is on similar footing to that of aforesaid co-accused persons. There is no criminal antecedent against the applicant and he is in jail since 16.05.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail. Learned counsel for the complainant urged that there is a complaint against the applicant, therefore, he is not entitled for bail but could not distinguish the case of this applicant with other co-accused persons who have already been enlarged bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the case of this applicant is on similar footing to that of co-accused persons who have been granted bail and without expressing any opinion on the merits of the case, 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 Irshad involved in Case Crime No.79 of 2022, under Sections 147, 148, 149, 120-B, 212, 302/34 I.P.C., Police Station Civil Lines, District Etawah, be released on bail on furnishing a personal bond and two heavy sureties each in

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the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 9.9.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.14 12:08:06 IST Reason: Location: High Court of Judicature at Allahabad

Irshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irshad v. State of U.P.

Case brief

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