Allowed

Irshad and Another v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC10 May 2024/10907/2022

Case brief

AI extract

What is this about?

The Court granted bail to applicants Irshad and Shamshad accused of abduction under Section 364 IPC, subject to specific conditions regarding conduct, appearance, and cooperation with the trial to prevent abuse of process.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each, subject to standard and specific conduct conditions.

Irshad and Another Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36371

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Court No. - 8

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10907 of 2022

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Applicant :- Irshad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohd. Islam Khan,Rizwanul Haque Ansari,Sachin Verma,Shailesh Kumar Singh,Vijay Kumar Asthana

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Counsel for Opposite Party :- G.A.,Sachin Verma

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with a prayer to enlarge them on bail in Case Crime No. 311 of 2022 under Section 364 I.P.C., Police StationBheera, District- Lakhimpur Kheri.

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Learned counsel for the applicants submits that the applicants have falsely been implicated in the present case as one F.I.R. No. 199 of 2022 dated 24.07.2022 under Sections 363, 366 I.P.C., Police Station- Tikoniyan, District- Lakhimpur Kheri was lodged by father of the applicants against Rishabh, Ghasite, Karan, Bhanu (relatives of informant of the present case) with the allegation that they abducted sister (aged about 14 years) of the applicants and the applicants and other family members tried to search her and as per the information, they visited several places. He further submits that F.I.R. of the case in question was lodged only with the intention to make pressure on the applicants with the allegation that threat was given for abduction of son of the informant of the present case. He further submits that charge-sheet has already been filed by Investigating Officer and the applicants are in jail since 25.06.2022 and trial is also not going on. He lastly submits that the applicants are ready to cooperate in the trial, hence, they are entitled for bail.

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Learned A.G.A. vehemently opposes the prayer of the applicants, but he does not dispute the fact that one F.I.R. was lodged against relative of the informant of the present case for kidnapping of sister of the applicants. He also does not dispute the fact that charge-sheet has already been filed by the Investigating Officer in the present case.

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Considering the rival submissions of learned counsel for the applicants, learned A.G.A. and going through the contents of the bail application, aforesaid F.I.R.s as well as other relevant relevant enclosures, this Court is of the view that the applicants are entitled to be released on bail.

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Let the applicants- Irshad and Shamshad who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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(i) The applicants shall not commit or participate in any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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(ii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicants shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC.

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(v) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC.

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(vi) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.5.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Irshad and Another v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Irshad and Another v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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