Irshad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42759 of 2023 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged against unknown person. Subsequently, on the basis of an other FIR lodged against the applicant being FIR No.0048 of 2023, the applicant was linked with the alleged offence initiated through FIR No.101 of 2022.

¶3Learned counsel for the applicant argues that prima-facie, there is no material to link the applicant with the offence in question. As regards the criminal antecedent, supplementary affidavit has been filed stating that out of the cases of criminal history only two cases are prior to the offence in question in which the applicant has been enlarged on bail.

¶4Learned AGA has opposed the bail application.

¶5Considering the fact fact that prima-facie material to correlate the applicant with the offence alleged in FIR No.101 of 2022 is missing and the applicant is in custody since 08.03.2023, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Irshad be released on bail in FIR No.101 of 2022, under Section 380, 411 IPC, P.S. Sadar Bazar, District Saharanpur on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. Order Date :- 30.10.2023 nishant High Court of Judicature at Allahabad