Allowed

Iqbal v. State of U.P.

Allahabad HC2 Sept 2022BAIL/35963/2022

Case brief

AI extract

What is this about?

In a bail application challenging implication in offences under IPC Sections 420, 467, 468, 471 and IT Act Section 66-D, the court considered无辜 allegation, co-accused parity, and lack of antecedents. The applicant was granted bail subject to personal bond and sureties.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions of not tampering with evidence and cooperating in trial.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35963 of 2022

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Applicant :- Iqbal Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla 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 with a prayer to release the applicant on bail in Case Crime No.14 of 2022, registered under Sections 420, 467, 468, 471 I.P.C. and Section 66-D of Information Technology Act, Police Station Cantt, District Allahabad during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. No amount has credited in the account of applicant and there is no evidence of any transaction in his bank account. The applicant is not a beneficiary of any illicit transaction. Prosecution evidences are not interrelating the applicant with alleged offences. The applicant has no criminal antecedents apart from the instant case. He further submits that the co-accused persons, namely, Shailesh Yadav and Kaleesh Ahmad, have already been granted bail by another co-ordinate Bench of this Court vide orders dated 23.05.2022 and 05.08.2022, passed in Criminal Misc. Bail Application Nos.14165 of 2022 and 33846 of 2022, hence, the applicant is also entitled for bail on the ground of parity. He next submitted that the applicant is languishing in jail since 29.01.2022. In case, the applicant is released 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 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, Iqbal, 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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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 :- 2.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.05 17:27:13 IST Reason: Location: High Court of Judicature at Allahabad

Iqbal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Iqbal v. State of U.P.

Case brief

What is this about?

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