Allowed

Birjish Ali v. State of U.P.

Allahabad HC20 Jun 2023BAIL/27254/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Birjish Ali, charged under Sections 34/307 I.P.C., granting release on personal bond and sureties. The court noted co-accused were already on bail and observed that prolonged detention served no purpose.

What did the court decide?

Release of applicant on bail upon furnishing a personal bond and two sureties, subject to standard conditions regarding appearance and non-interference.

Birjish Ali Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127645

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27254 of 2023

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Applicant :- Birjish Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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

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The instant bail application has been filed on behalf of the applicant,Birjish Ali, with a prayer to release him on bail in Case Crime No. 180 of 2022, under Sections 34/307 I.P.C., Police Station Ali Nagar, District Chandauli, during pendency of trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is the owner of the alleged vehicle and is not named in the F.I.R. He further submits that the co-accused who are named in the F.I.R. have been arrested on the spot, whereas, the applicant has been apprehended later on. He further submits that the co-accused persons, who are named in the F.I.R., namely, Raju Yadav, Omkar Yadav, Manoj Yadav, Girish Singh, Surendra Yadav and Harigovind have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 04.07.2022, 28.07.2022, 08.09.2022, 08.09.2022, 14.02.2023 passed in Criminal Misc. Bail Application Nos. 28395 of 2022, 32275 of 2022, 33114 of 2022, 33117 of 2022, 6152 of 2023 respectively. He further submits that the case of the applicant is on better footing in comparison to the case of the co-accused, therefore, the applicant claims for parity with the co-accuseds. He further submits that the applicant has no criminal history to his credit. The applicant has been languishing in jail since 25.05.2023, and, the applicant undertakes to cooperate with the trial, if enlarged on bail.

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Per contra, learned AGA opposed the bail application.

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Keeping in view the facts and circumstances of the case and the

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fact that the co-accused named in F.I.R have already been enlarged on bail; charge-sheet has already been filed and it will take sufficiently long time to complete the trial, and no purpose would be served by keeping the applicant in jail during pendency of the trial. The Court is of the opinion that it is a fit case for grant of bail. Hence, the bail application is hereby allowed.

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Let the applicant, namely, Birjish Ali , involved in the aforesaid case crime number be released on bail, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned subject to following conditions:-

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(i). The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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

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(iv). 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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It is further provided that before issuing the release order, the sureties be verified.

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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 :- 20.6.2023 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Birjish Ali v. State of U.P.

Case brief

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Birjish Ali v. State of U.P.

Case brief

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