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2025 DAILYLAW 104577 (ALL)

ISRAT v. State of UP

BAIL/39026/2024 · 2025-03-04

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31789 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39026 of 2024 Applicant :- Israt Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Rajan Srivastava Counsel for Opposite Party :- G.A.,Manoj Kumar Gautam Hon'ble Sameer Jain,J. 1. None appeared on behalf of the informant even in revised call. 2. Heard Ms. Neeja Srivastava, learned counsel for the applicant and Sri Ajeet Madhesiya, learned Brief Holder for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.243 of 2024, under Sections 304, 323, 452, 504 IPC, Police Station Chandpur, District Bijnor, during pendency of the trial. 4. Learned counsel for the applicant submits that applicant has been made accused in the present matter with his brother Ikramudeen on the basis of false allegation and after considering the entire facts of the case in detail, his brother i.e. co-accused Ikramudeen has been released on bail by this Court vide order dated 07.01.2025 passed in Criminal Misc. Bail Application No.11874 of 2024 and on facts, case of applicant is at par with him. 5. She further submits that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application. He further submits, that case relates to minor offence 6. She further submits that in the present matter, applicant is in jail since 21.05.2024 i.e. for last more than nine months. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Ikramudeen has already been released on bail by this Court vide order dated 07.01.2025 and criminal history solitary case of the applicant has been explained in the instant bail application and he is in jail since 21.05.2024 i.e. for last more than nine months, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Israt 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. 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. 13. 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. Order Date :- 5.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad