Allowed

Ishrat Ali v. State of U.P.

Allahabad HC21 Feb 2023BAIL/6372/2023

Case brief

AI extract

What is this about?

In response to a bail application under Sections 308, 323, 325, 452, and 307 IPC, the Court allowed the applicant's release on bail. It directed the trial court to conclude the proceedings within one year and imposed strict timelines and reporting requirements to expedite the trial.

What did the court decide?

Applicant released on personal bond and two sureties; trial directed to conclude within one year.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6372 of 2023

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Applicant :- Ishrat Ali Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.,Mohammad Fazil,Salman Ahmad

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Hon'ble Ajay Bhanot,J.

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By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.265 of 2022 at Police Station-Mainather, DistrictMoradabad under Sections 308, 323, 325, 452, 307 IPC. The applicant is in jail since 17.11.2022.

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The bail application of the applicant was rejected by the learned trial court on 15.12.2022.

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The following arguments made by Shri Madan Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned A.G.A. for the State from the record and Shri Salman Ahamd, learned counsel for the informant, entitle the applicant for grant of bail:

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(1). A vague and general role has been assigned to the applicant in the assault.

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(2). The applicant has not been identified as the principal offender who inflicted any life threatening injury.

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(3). The applicant does not have any criminal history

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apart from this case.

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(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Ishrat Ali be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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However, considering the gravity of the matter, the trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court

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shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses also are directed to cooperate with the trial proceedings.

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The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.

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Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

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The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to ensure that the trial is concluded within the above stipulated period of time to the learned District Judge, Moradabad.

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A copy of this order be communicated to the learned trial judge through the learned District Judge, Moradabad by the Registrar (Compliance) by FAX.

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Order Date :- 21.2.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Ishrat Ali v. State of U.P.

Case brief

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Ishrat Ali v. State of U.P.

Case brief

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