Allowed

Israt Ali v. State of U.P.

Allahabad HC15 Apr 2025BAIL/12144/2025

Case brief

AI extract

What is this about?

Bail application under BNS sections for offences including death and rioting arising from a mob incident. Applicant named among about 50 persons with general allegations and parity with co-accused already released on bail. Bail allowed with conditions.

What did the court decide?

Applicant Israt Ali to be released on bail on personal bond and two sureties each in like amount, subject to conditions regarding trial appearance and non-tampering.

Israt Ali vs State of U.P. — Bail and Remand | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:54332

¶2

Court No. - 66

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12144 of 2025

¶4

Applicant :- Israt Ali Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Sunil Kumar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Manoj Kumar, learned Brief Holder, for the State.

¶7

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) B.N.S., Police Station Shahi, District Bareilly during pendency of the trial.

¶8

Learned counsel for the applicant submits, on the basis of false, general and omnibus allegation, applicant has been made accused in the present matter along with as many as 50 named and 10-15 unknown persons.

¶9

He further submits, however, it is a case, in which, four persons sustained injuries and one person died but it appears, due to the act of the mob incident occurred.

¶10

He further submits, along with applicant co-accused Riyasat Ali and Nizakat Ali were also named in the FIR and they have been released on bail by this Court vide orders dated 24.02.2025 and 24.03.2025 passed in Criminal Misc. Bail Application Nos. 44832 of 2024 and 43727 of 2024 and on facts, case of applicant is at par with them.

¶11

He further submits, however, apart from the present case applicant is having criminal history of one another case but his

¶12

criminal history has been explained in the instant bail application and in the present matter, he is in jail since 30.11.2024 i.e. for last more than four months.

¶13

Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶14

I have heard learned counsel for the parties and perused the record of the case.

¶15

However, it is a case in which one person died and four persons sustained injuries and applicant is also named in the FIR but it reflects, along with applicant as many as 50 persons were named including co-accused Riyasat Ali and Nizakat Ali on the basis of general allegations and co-accused Riyasat Ali and Nizakat Ali have been released on bail by this Court and on facts case of applicant is at par with them.

¶16

Further, considering the number of accused persons named in the FIR, the argument advanced by leaned counsel for the applicant that actually alleged offences were committed by the mob, cannot be ruled out.

¶17

Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in the present matter, he is in jail since 30.11.2024 i.e. for last more than four months.

¶18

Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶19

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶20

Let the applicant- Israt Ali be released on bail in the aforesaid

¶21

case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶22

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶23

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

¶24

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶25

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶26

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

¶27

Order Date :- 15.4.2025

¶28

SKM

¶29

Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Israt Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Israt Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Meera Begum vs State of U.P.

Bablu Alias Gangasharan vs State of U.P.

Jitendra Singh Niranjan vs State of U.P.

Pappu vs State of U.P.

Kalua vs State of U.P.

Rahul vs State of U.P.