Dismissed¶13

Istekhar v. State of U.P.

Allahabad HC7 Jul 2025BAIL/16254/2025

Case brief

AI extract

What is this about?

Bail rejected - Sections 309(4), 317(2) BNS - theft/stolen articles recovery - criminal history of 43 cases - violation of earlier bail conditions - hardcore criminal - loot, attempt to murder - Gangsters Act antecedents - custodial interrogation necessary - CRIMINAL MISC. BAIL APPLICATION No. 16254 of 2025, Istekhar v. State of U.P., High Court of Judicature at Allahabad, 2025:AHC:106742, decided 8.7.2025.

What did the court decide?

Considering the applicant's criminal history of 43 cases, his violation of bail conditions granted in earlier cases, his antecedents as a hardcore criminal involved in loot, attempt to murder and Gangsters Act cases, the recovery of stolen articles from his possession, and the pending investigation requiring custodial interrogation, the court was not inclined to grant bail to the applicant at this stage.

Istekhar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:106742

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16254 of 2025

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Applicant :- Istekhar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0021 of 2025, under Sections-309(4), 317(2) BNS, Police StationAfzalgarh, District-Bijnor, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant was not named in the FIR and subsequently, several articles which were stolen in the house, regarding which the FIR was lodged, were recovered. On the basis of the recovery, applicant has been falsely implicated, though there was no public witness of the said recovery.

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Per contra , learned AGA has vehemently opposed the prayer and submitted that investigation is still pending and several stolen articles have been recovered from the possession of the applicant and co-accused.

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Considering the aforesaid submission and taking into account the fact that the applicant has criminal history of 43 cases in different districts and in different police stations,

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wherein, the applicant was released on bail with the condition that he will not further commit any offence, but the record shows that after release on bail, the applicant kept on committing the offence of similar nature as well as of different nature in different police stations. Therefore, he himself violated the bail condition granted to him in earlier 43 cases. The long criminal history of cases also shows that applicant is a hardcore criminal and he is involved in the cases of loot, attempt to murder and Gangsters Act. It is also clear from the record that on earlier occasion also, the applicant was booked under the Gangster Act. Even in the present case, several stolen articles were recovered from the possession of the applicant and investigation is still pending and in such case, custodial interrogation is necessary.

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Therefore, considering these facts, this court is not inclined to grant bail to the applicant, at this stage.

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Accordingly, the present application is rejected .

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Order Date :- 8.7.2025 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Istekhar v. State of U.P.

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Istekhar v. State of U.P.

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