Allowed
Iliyas v. State of U.P.
Allahabad HCBAIL/49164/2022
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from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
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Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49164 of 2022
Applicant :- Iliyas Opposite Party :- State of U.P. Counsel for Applicant :- Meraj Ahmad Khan,Aqueeq Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.118 of 2022, under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120-B IPC and Section 3/4/5 of Explosive Substance Act, Section 83 of J.J. Act, 2015 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, Police Station- Khuldabad, District- Prayagraj, during pendency of trial.
The co-accused, Shahnawaz, has already been enlarged on bail in Criminal Misc. Bail Application No.37662 of 2022 by a coordinate Bench of this Court vide order dated 27.09.2022. The prayer for release of the applicant on bail on the ground of parity has been made. The applicant is languishing in jail since 15.06.2022.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts on record.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Iliyas be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 10.11.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.11.16 13:43:51 IST Reason: Location: High Court of Judicature at Allahabad
Iliyas
Gajendra Kumar
Ashutosh Singh
As recorded by the court registry
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