Criminal Misc. Bail Application where the applicant, held in Amritsar, sought release citing false implication, lack of FIR naming, and likely trial delay, resulting in bail being allowed.
Release of the applicant on bail with personal bond, two sureties, and conditions to not tamper with evidence or mislead the court.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7300 of 2023
Applicant :- Istekhar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Intekhab Alam Khan,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to village parti bandi. It is next contended that the applicant is not named in the F.I.R. and his name has come during the course of investigation. It is next contended that a concocted and false story has been set up by the prosecution against the applicant whereas the applicant has not committed / involved any offence as alleged in the F.I.R. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that all the witnesses of the alleged incident are planted by the prosecution. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 3 of the supplementary affidavit. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.12.2022.
Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he has not disputed the aforesaid facts.
Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Istekhar Khan involved in Case Crime No. 245 of 2022, under Section 307 I.P.C. and section 3/25 Arms Act, Police Station Bhawarkola, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant makes out a case for bail considering the false implication and likelihood of trial delay.
Whether the applicant satisfies the requirements for release on bail under Section 307 IPC and Arms Act.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherExplained¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Istekhar Khan
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
