Allowed

Ishtekar v. State of U.P.

Allahabad HC27 Sept 2022BAIL/30295/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application in a criminal case involving allegations of submitting a false death certificate. Considering the facts and nature of the offence without expressing an opinion on merits, the bail prayer was accepted under relevant precedent.

What did the court decide?

Applicant granted bail on a personal bond and two sureties, subject to specific conditions including non-tampering with witnesses and sincere cooperation in trial.

Ishtekar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30295 of 2022

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Applicant :- Ishtekar Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Chandra Yadav,Narendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Ishtekar with a prayer to release him on bail in Case Crime No.303 of 2022, under Sections 420, 467, 468, 471 I.P.C., P.S. Dhaulana, District Hapur during pendency of the trial.

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Allegation in the First Information Report against the applicant is that the applicant submitted false death certificate of one Babunath for which the applicant was guarantor. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is evident from the First Information Report that the accused Babunath was died earlier on 05.04.2020 and gram pradhan had issued the death certificate of accused Babunath and the applicant had submitted death certificate of accused Babunath in court. Applicant has no concerned with the death certificate. No allegation of preparing forged and fictitious death certificate. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 19.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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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 larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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, Ishtekar, who is involved in the aforesaid

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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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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 :- 27.9.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.09.28 12:45:51 IST Reason: Location: High Court of Judicature at Allahabad

Ishtekar v. State of U.P.

Case brief

What is this about?

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Ishtekar v. State of U.P.

Case brief

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