Allowed

Irfan v. State of U.P.

Allahabad HC23 Mar 2022BAIL/5693/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Irfan in a trial proceeding. The court held that the applicant made out a case for bail based on the nature of the evidence and complicity, without expressing a final opinion on the merits of the offence.

What did the court decide?

The applicant is released on bail subject to furnishing a personal bond with two sureties and complying with specific conditions.

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5693 of 2022

¶3

Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mohd. Faiz Alam Khan,J.

¶5

Heard Shri Sachchida Nand Tiwari, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶6

This bail application has been moved by the accused/applicant- Irfan for grant of bail, in Case Crime No. 492 of 2021, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Dhaolana, District Hapur, during trial.

¶7

Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution and the name of the applicant is surfaced in the confessional statement of other coaccused persons.

¶8

It is also submitted that co-accused of the alleged crime Smt. Rizwana has been released on bail by Coordinate Bench of this Court, vide order dated 8.2.202 passed in Criminal Misc. Bail Application No. 282 of 2022.

¶9

It is further submitted that the applicant is in jail in this case since 04.01.2022. There is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty and also the criminal history of two cases has been explained in paragraph 10 of the bail application, wherein also applicant has been released on bail.

¶10

Learned A.G.A., on the other hand submits that the applicant is an accused of heinous offences and therefore he is not entitled to be released on bail but could not confront the submissions made by learned counsel for the applicant that similarly situated co-accused Smt. Rizwana has ben granted bail by the Coordinate Bench of this Court and the name of the applicant has surfaced in the confessional state of co-accused persons.

¶11

Keeping in view the nature of the offence, evidence, complicity

¶12

of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶13

Let the applicant- Irfan involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶14

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

¶15

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶19

Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

¶20

Order Date :- 23.3.2022 Muk

¶21

Digitally signed by MOHD UMAR KHAN Date: 2022.03.23 18:10:38 IST Reason: Location: High Court of Judicature at Allahabad

Irfan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irfan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dhanji Turaha Vs State of U.P and 3 Others

Nitin Vs State of U.P. and 2 Others

Dhruv Kumar Vs State of U.P.

Meenu Sain Vs State of U.P.

Avinash Bajpai Alias Akash Bajpai Vs State of U.P.

Naseema and Another Vs State of U.P.