Irshad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47884 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 recovery carried out from the applicant and his implication in the other cases, he has been arrested.

¶3It is argued that prima-facie, there is no material to link the applicant with the offence in question. The recovery is not in the presence of any independent witness and thus it becomes suspicious. In similar cases, the applicant, is enlarged on bail. The criminal history has been duly explained in paragraph 11. It is further submitted that applicant has no criminal antecedent except the present one and he is in jail since 08.03.2023.

¶4Learned AGA has opposed the bail application.

¶5Considering the fact that the applicant has been arrested upon a recovery, which is prima-facie not in terms of Section 100 Cr.P.C, hence 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. 11 of 2023, under Sections 380 and 411 I.P.C., P.S. Kotwali Dehat, 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 :- 8.11.2023 Faridul High Court of Judicature at Allahabad