Allowed

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

Allahabad HC8 Jul 2024CRLA/2099/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 2099 of 2024, under Section 415(2) BNSS (formerly 389 CrPC), Allahabad High Court allowed bail for appellants in a trial pending for Sections 323, 304 Part II IPC. Bail was granted subject to personal bond of Rs. 25,000 with sureties and specific conditions.

What did the court decide?

Application for bail allowed; appellants released on bail with personal bond of Rs. 25,000/ and two sureties on same amount.

Ibrahim and Another vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL APPEAL No. - 2099 of 2024

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Appellant :- Ibrahim And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Appellant :- Santosh Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Abdul Moin,J.

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(On Appeal)

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Heard learned counsel for the appellants and learned A.G.A. for the State.

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Admit.

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Summon the trial court record.

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List/put up after eight weeks.

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(On C.M. Application No.1 of 2024)

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This application under Section 389 Cr.P.C now Section 415 (2) of Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved in the instant criminal appeal arising out of Sessions Trial No. 471 of 2020 relating to Case Crime No. 58 of 2020, under Sections 323/34, 304 (Part II)/34, 504, 506 I.P.C, P.S. Paraspur, District Gonda.

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6. Learned counsel for the appellants submits that appellants were falsely implicated in the present case. He further submits that during trial, appellants were on bail and they did not misuse the liberty of bail. He further submits that trial court failed to appreciate the evidence deposed by the prosecution witnesses in the correct prospective. He further submits that there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.

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7. Learned A.G.A. opposes the prayer for bail and submits that conviction of the appellant is on the basis of evidence on record.

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8. Having heard the submission made by learned counsel for the appellants as well as learned A.G.A and perused the material

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brought on record, this Court is of the view that appellants are entitled to be released on bail during the pendency of criminal appeal before this Court.

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9. Hence, prima facie, case for bail is made out, at this stage.

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10. Accordingly, the application for bail is allowed.

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11. Let the appellants involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties in the like amount subject to following conditions:-

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(i) Fine imposed by the trial court shall be deposited by the appellants at the time of his release.

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(ii) The appellants shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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(iii) The appellants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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13. As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

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Order Date :- 8.7.2024 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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What did the court decide?

What the court decided

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