Ishak Ali v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46307 of 2023 Applicant :- Ishak Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Roy Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heardlearned counsel for the applicant and learned AGA for the State-respondent. Perused the record.

¶2The present bail application has been filed by the applicant to enlarge him on bail in G.S.T. No. 397 of 2010 in Case Crime No. 135 of 2003, under Section 3/4 Gambling Act and 2/3 of U.P. Gangster Act, Police Station Delhi Gate, District Aligarh, during the pendency of trial.

¶3Counsel for the applicant submits that earlier the applicant was granted bail by the trial Court on 27.5.2003. Though, the applicant participated in the trial for considerable period, the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on the certain dates. Consequently, non-bailable warrant was issued. On

18.09.2023, the applicant surrendered before the trial Court and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant had earlier appeared and contested the proceedings, however, the trial could not conclude and further the applicant has presently remained confined for almost one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Ishak Ali involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses; and,

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.11.2023 S.S. High Court of Judicature at Allahabad