Allowed

Irshad Alias Babu v. State of U.P.

Allahabad HC3 Mar 2025BAIL/3770/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS in an Arms Act case where the applicant was named only in a co-accused's confessional statement and a similarly placed co-accused had been granted bail. Court found a case for bail without commenting on merits and allowed release on personal bond with two sureties, subject to conditions.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties to the satisfaction of the court concerned, subject to conditions including non-tampering with evidence and regular appearance at

Irshad Alias Babu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:30357

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3770 of 2025

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Applicant :- Irshad Alias Babu Opposite Party :- State of U.P. Counsel for Applicant :- Aushim Luthra,Irshad Husain Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri S.K. Rai, learned A.G.A. for the State-respondents and perused the record.

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This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Irshad Alias Babu, seeking enlargement on bail in Case Crime No. 299 of 2024, under Section 3/5/25 Arms Act, P.S. Bhopa, District Muzaffarnagar.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number. He further submits that the applicant was not arrested from the spot, his name came into light in the confessional statement of co-accused Akram @ Kaga, which is not an admissible piece of evidence. He further submits that similarly circumstanced co-accused Israr has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No.542 of 2025, therefore, the applicant is also entitled for bail. The applicant has criminal history of one another case in which he has also been enlarged on bail which has been explained in para 15 of the affidavit. It is further submitted that the applicant is languishing in jail sine 09.01.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.

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Learned AGA opposed the prayer of bail but could not dispute the submissions made by counsel for the applicant.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of

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tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Irshad Alias Babu , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 3.3.2025 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Irshad Alias Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irshad Alias Babu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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