Irshad v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant in abetment of suicide case, referencing Article 21 and jail overcrowding, without adjudicating merits of the case.
What did the court decide?
Released on bail furnishing a personal bond and two sureties with conditions against tampering, non-attendance, and abuse of process.
What the court decided
Neutral Citation No. - 2023:AHC:151063
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4448 of 2023
Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Singh,Azizur Rahman Khan,Santosh Singh,Zia Uddin Ahmad Counsel for Opposite Party :- G.A.,Himanshu Singh,Raj Kumar Yadav
Hon'ble Siddharth,J.
List has been revised.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant; Sri Himanshu Singh, learned counsel for the informant; learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Irshad, with a prayer to release him on bail in Case Crime No. 163 of 2022, under Section 306 IPC, Police Station Utraon, District- Prayagraj, during pendency of trial.
There is allegation in the FIR that deceased committed suicide inside her house. The applicant has been implicated on the ground that he was having affair with the deceased and had refused to marry her and therefore she committed suicide.
Issues for consideration
1 issue framed by the court
Whether applicant is entitled to release on bail in a case involving abetment of suicide considering overcrowding and fundamental rights.
Parties & counsel
- applicant
Irshad
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/4448/2023
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