Israt Khan v. State of U.P. and Another

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50972 of 2023 Applicant :- Israt Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Complaint Case No. 15/IX of 2015, under Sections 467, 468, 120-B, 504, 506 IPC, Police Station Baberu, District Banda, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant and the complainant are brothers. Both the parties are claiming rights on the disputed land. The dispute is primarily of civil in nature and has been given colour of a criminal case. The applicant is in jail since 05.10.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶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 both the parties are claiming rights on the disputed land. The dispute is primarily of civil in nature. The applicant has no criminal antecedents and has remained confined for more than a month. 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 Israt Khan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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

(ii) shall not tamper with the evidence; and,

(iii) shall not pressurize the witnesses.

¶7Any violation of above conditions will be treated misuse of bail and the trial court will be at liberty to pass appropriate order. Order Date :- 29.11.2023 Lbm/- High Court of Judicature at Allahabad