Allowed¶15

Parvez Alias Ishtiyaq Ali v. State of U.P.

Allahabad HC7 Mar 2025BAIL/8140/2025

Case brief

AI extract

What is this about?

Bail allowed - parity with co-accused Farmood Kamar (released on bail) - no injury-causing role assigned to applicant - co-accused Afsaar also released - no criminal history - in custody since 11.02.2025 - offences under Sections 147, 148, 149, 302, 427, 34 IPC (murder, rioting, mischief, common intention) - Case Crime No. 13 of 2024, P.S. Mauaima, District Ganga Nagar, Commissionerate Prayagraj - Allahabad High Court, Single Bench (Sameer Jain, J.) - Neutral Citation 2025:AHC:33104.

What did the court decide?

Release of the applicant Parvez @ Ishtiyaq Ali on bail in Case Crime No. 13 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions. ¶15

Parvez Alias Ishtiyaq Ali vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Parvez @ Ishtiyaq Ali, accused in Case Crime No. 13 of 2024 under Sections 147, 148, 149, 302, 427, 34 IPC, Police Station Mauaima, District Ganga Nagar (Commissionerate Prayagraj), is entitled to be released on bail during pendency of the trial.

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Court's answer

The applicant is entitled to be released on bail because he was made accused during investigation along with co-accused Farmood Kamar, no role of causing injury to the deceased was assigned to him, the similarly placed co-accused Farmood Kamar has been released on bail, the applicant has no criminal history, and he has been in jail since 11.02.2025.

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Ratio / Principle

The bail application is allowed and the applicant is to 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, subject to conditions (appearance before the trial court, no inducement/threat/tampering with evidence, no criminal or anti-social activity), breach permitting the prosecution to seek cancellation.

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Key takeaways

The observations made in the order are limited to the facts brought in by the parties pertaining to disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶21

Detailed headnote1 paragraphs

Allahabad High Court (Sameer Jain, J.), CRIMINAL MISC. BAIL APPLICATION No. - 8140 of 2025, decided 7.3.2025: Bail allowed to applicant Parvez @ Ishtiyaq Ali in Case Crime No. 13 of 2024 under Sections 147, 148, 149, 302, 427, 34 IPC, Police Station Mauaima, District Ganga Nagar (Commissionerate Prayagraj). Grounds: applicant was made accused during investigation along with co-accused Farmood Kamar (already released on bail); role of causing injury to the deceased was not assigned to the applicant; co-accused Afsaar, who according to the prosecution caused firearm injuries to the deceased, had also been released on bail; applicant has no criminal history and has been in jail since 11.02.2025. Bail granted on personal bond and two sureties each in the like amount, with conditions against tampering with evidence and criminal/anti-social activity; observations expressly confined to disposal of the bail application and without prejudice to trial.

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Neutral Citation No. - 2025:AHC:33104

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8140 of 2025

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Applicant :- Parvez Alias Ishtiyaq Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Shamshad Alam Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rajrshi Gupta and Sri Shamshad Alam, learned counsels for the applicant and Sri Vijay Kumar, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2024, under Sections 147, 148, 149, 302, 427, 34 IPC, Police Station Mauaima, District Ganga Nagar (Commissionerate Prayagraj) during pendency of the trial.

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Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter during investigation and even according to the prosecution coaccused Afsaar caused firearm injuries to the deceased and he has been released on bail by this Court and his bail order has been annexed at page-71 of the paper-book and case of applicant is at better footing than him.

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He further submits, during investigation along with applicant co-accused Farmood Kamar was also made accused but coaccused Farmood Kamar has already been released on bail by this Court and his bail order has been annexed at page-77 of the paperbook and case of applicant is exactly at par with him.

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He further submits, applicant is not having any criminal history and in the present matter he in jail since 11.02.2025.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsels 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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Considering the argument advanced by learned counsel for the applicant and the fact that applicant has been made accused in the present matter during investigation along with co-accused Farmood Kamar and role of causing injury to the deceased has not been assigned to the applicant and similarly placed co-accused Farmood kamar has been released on bail and applicant is not having any criminal history and in the present matter he in jail since 11.02.2025, 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 - Parvez @ Ishtiyaq 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 application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 7.3.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Parvez Alias Ishtiyaq Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Parvez Alias Ishtiyaq Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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Case details

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