Dismissed¶21

Irfan Solanki v. State of U.P.

Allahabad HC19 Jan 2023BAIL/607/2023

Case brief

AI extract

What is this about?

Bail application rejected; Section 439 Cr.P.C.; FIR No.127 of 2022 P.S. Jajmau District Kanpur; IPC Sections 436, 506, 147, 327, 427, 386, 504, 120B; U.P. Gangsters and Anti Social Activities Act S.3(1); Prevention of Damages to Public Property Act; P.I.N.H. Act; legislator/lawmaker as accused; long criminal history fifteen FIRs; property grabbing; criminal conspiracy murder of husband and two sons; house set on fire 07.11.2022; inflammatory substance forensic; Irfan Solanki; Rizwan Solanki; High Court of Judicature at Allahabad; Justice Dinesh Kumar Singh; order dated 19.1.2023.

What did the court decide?

A law maker cannot become a law breaker; the applicant, a thrice-elected legislator who allegedly took the law into his own hands, cannot be treated as a fit candidate for bail. ¶21

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

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 607 of 2023

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Applicant :- Irfan Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Ram Lal Mishra,Gaurav Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. Ram Lal Mishra, learned counsel for the applicant, Mr.Anuj Kumar Mishra, learned counsel appearing for the complainant, Mr.Devesh Nath Tiwari, learned A.G.A. for the State and perused the record.

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The present bail application under Section 439 Cr.P.C. has been filed by the applicant seeking bail in FIR No.127 of 2022 under Sections 436, 506, 147, 327, 427, 386, 504 and 120B IPC, Police Station Jajmau, District Kanpur.

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The accused-applicant is 3rd time Member of Legislature Assembly of the State of U.P. As per the FIR, the accused-applicant and his brother, co-accused Rizwan Solanki have been torturing, harassing and intimidating the complainant to grab her property. It is further alleged that these people had conspired, and as a result of criminal conspiracy, three members of the family of the complainant were killed including her husband and two sons. Several times, the accusedapplicant, his brother and his goons have given threats to the complainant to leave the premises where she has got small residence and transfer land to his brother. On 07.11.2022 when the complainant and his family had gone to attend a wedding, allegedly brother of the accused-applicant and his goons came there and set the house on fire. 4. During the course of investigation, burnt articles have been recovered and were sent to forensic science examination. In forensic science examination, it was found that these articles were burnt by some inflammatory substance. The accused-applicant has following cases to his credit:-

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"(i) FIR/Case Crime No.198 of 2022 under Sections 212, 419, 420, 467, 468, 471, 120B, 34 IPC, Gwaltoli, Kanpur Nagar;

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(ii) FIR/Case Crime No.127 of 2022 under Sections 147, 436, 506, 327, 427, 386, 504, 120B IPC, Police Station Jajmau, Kanpur Nagar;

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(iii) FIR/Case Crime No.151 of 2022 under Section 386 IPC, Police Station Jajmau, Kanpur Nagar;

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(iv) FIR/Case Crime No.152 of 2022 under Sections 147, 323, 327, 504, 448 IPC, Police Station Jajmau, Kanpur Nagar;

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(v) FIR/Case Crime No.155 of 2022 under Sections 386, 419, 420, 427, 504 IPC, 3/4 Prevention of Damages to Public Property Act, Police Station Jajmau, Kanpur Nagar; (vi) FIR/Case Crime No.156 of 2022 under Section 3(1) U.P. Gangsters and Anti Social Activities Act, Police Station Jajmau, Kanpur Nagar;

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(vii) FIR/Case Crime No.286 of 2010 under Section 2(1) P.I.N.H. Act, Police Station Gwaltoli, Kanpur Nagar;

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(viii) FIR/Case Crime No.10 of 2017 under Section 171H, 171G, 188 IPC, 127A Prevention of Damages to Public Property Act, Police Station Colonelganj, Kanpur Nagar; (ix) FIR/Case Crime No.244 of 2020 under Sections 188, 279, 270 IPC, Police Station Anwarganj, Kanpur Nagar;

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(x) FIR/Case Crime No.10 of 2022 under Sections 188, 269, 271 IPC, Police Station Anwarganj, Kanpur Nagar;

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(xi) FIR/Case Crime No.23 of 2022 under Sections 171H, 186, 188, 323, 336, 504, 506 IPC, Police Station Gwaltoli, Kanpur Nagar;

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(xii) FIR/Case Crime No.243 of 2011 under Sections 147, 186, 189, 253, 504, 506 IPC, Police Station Gwaltoli, Kanpur Nagar;

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(xiii) FIR/Case Crime No.40 of 2014 under Sections 143, 186, 189, 253, 504, 506 IPC, Police Station Gwaltoli, Kanpur Nagar;

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(xiv) FIR/Case Crime No.48 of 2014 under Sections 147, 279, 323, 342, 427, 452 IPC, Police Station Swaroop Nagar, Kanpur Nagar;

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(xv) FIR/Case Crime No.42 of 2014 under Sections 147, 148, 149, 307, 323, 504, 506, 452 IPC, Police Station Swaroop Nagar, Kanpur Nagar."

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5. A law maker cannot become a law breaker. Considering the long checkered criminal history of the accused-applicant and the fact that he is a law maker, who allegedly has broken and taken the law in his hand, this Court does not consider it to be a fit case for enlarging the accused-applicant on bail at this stage. This bail application is thus,

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rejected .

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Order Date :- 19.1.2023 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad

Irfan Solanki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irfan Solanki v. State of U.P.

Case brief

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