Allowed

Irshad v. State of U.P.

Allahabad HC8 Dec 2023BAIL/52596/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case where he was not originally named in the FIR, faced no independent recovery evidence, and was detained for nine months with no evidence of tampering or tamper risk. He must furnish a personal bond and two sureties.

What did the court decide?

Released on bail requiring execution of a personal bond and two sureties in like amount, subject to conditions of appearance and non-interference with trial.

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

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Neutral Citation No. - 2023:AHC:233072

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52596 of 2023

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Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-respondent.

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The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 374 of 2022, under Sections 380, 411 IPC, Police Station Sadar Bazar, District Saharanpur, during the pendency of trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 08.03.2023 along with other co-accused persons in Case Crime No. 48 of 2023, under Section 414, 120-B IPC, Police Station Janakpuri, District Saharanpur and has been falsely implicated in the instant case. False recovery of ornaments made of gold and white metal has been shown from the applicant. There is no independent witness to the alleged recovery. Criminal history of the applicant has been explained in para 11 of the affidavit. The applicant is in jail since 08.03.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the recovery. At this stage, there is no substantive evidence against the applicant. The applicant has remained confined for almost nine months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on

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bail.

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Let the applicant Irshad, involved in the aforesaid case 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 8.12.2023

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Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Irshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irshad v. State of U.P.

Case brief

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