Allowed

Ibrahim Ali v. State of U.P.

Allahabad HC17 Feb 2025BAIL/1984/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail order — Ibrahim Ali v. State of U.P., Criminal Misc. Bail Application No. 1984 of 2025, decided 17.2.2025 by Sameer Jain, J. Bail under Sections 363, 366, 370, 506 IPC in Case Crime No. 279 of 2024, P.S. Ghughuli, District Maharajganj. Key grounds: parity with co-accused already on bail (Sheela Chauhan, Sarvesh Yadav — Bail Application Nos. 41702 of 2024, 46375 of 2024; B

What did the court decide?

Applicant Ibrahim Ali to be released on bail in Case Crime No. 279 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to

Ibrahim Ali vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:22506

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1984 of 2025

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Applicant :- Ibrahim Ali Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed by applicant is taken on record.

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Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 279 of 2024, under Sections 363, 366, 370, 506 IPC, Police Station- Ghughuli, DistrictMaharajganj during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter along with co-accused Sheela Chauhan, Sarvesh Yadav and Bp Yadav and there is no allegation of rape against co-accused Sarvesh Yadav and allegation of rape was only co-accused Bp Yadav and he has already been released on bail by this Court vide order dated 22.11.2024 passed in Criminal Misc. Bail Application No. 41600 of 2024 and on facts, case of applicant is even at better footing than him. He further submitted that even bail applications of co-accused Sheela Chauhan and Sarvesh Yadav have also been allowed by this Court and on facts, case of applicant is at par with them.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 20.09.2024.

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

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I have heard learned counsel for the parties and perused the

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record of the case.

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From the record, it reflects that nobody was named in the FIR and during investigation, applicant has been made accused along with several others including co-accused Sheela Chauhan and Sarvesh Yadav and both co-accused Sheela Chauhan and Sarvesh Yadav have already been released on bail by this Court vide orders dated 28.11.2024 and 03.01.2025 passed in Criminal Misc. Bail Application Nos. 41702 of 2024 and 46375 of 2024 respectively and on facts, case of applicant is at par with them.

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Further, from the record, it also reflects that allegation of rape was only against co-accused Bp Yadav and he also has been released on bail by this Court.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 20.09.2024.

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

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

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Let the applicant- Ibrahim Ali be released on bail in the aforesaid 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:-

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

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(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.

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

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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.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail

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application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.2.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Ibrahim Ali v. State of U.P.

Case brief

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Ibrahim Ali v. State of U.P.

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