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Neutral Citation No. - 2025:AHC:28409 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46258 of 2024 Applicant :- Israr Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pandey,Rajesh Kumar Mishra Counsel for Opposite Party :- Babu Lal Ram,G.A.,Naseem Ahamad Siddiqui Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicant is taken on record.
2. Heard Sri Awadhesh Kumar Mishra, Advocate holding brief of Sri Sanjay Shukla, counsel for the applicant, Sri Babu Lal Ram and Sri Naseem Ahamad Siddiqui, counsels for the informant, Sri V.P. Tripathi, learned AGA for the State-opposite party and perused the record.
3. The instant bail application has been filed under Section 439 Cr.P.C. with a prayer to enlarge the applicant on bail in Case Crime No. 621 of 2020, under Sections 419, 420, 406, 467, 468, 471, 504, 506 and 120B of I.P.C., Police Station- Kareli, District- Prayagraj, during the pendency of trial.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The dispute between the parties is purely civil and private in nature. The applicant is in jail since 05.11.2024 and if he is released on bail, he will not misuse the said liberty.
5. Counsel for the applicant further submits that as per the allegations in the first information report Rs. 21,00,000/- was transferred in the bank account of the applicant by the informant. Further, without prejudice to the rights and defence of the applicant in the trial, the applicant is ready and willing to transfer an amount of Rs.22,00,000/- in the bank account of the informant, and in this regard, counsel for the applicant has produced demand drafts of Rs.21,00,000/- and Rs. 1,00,000/-, bearing Nos. 002211 and 002212 dated 23.02.2025 and 24.02.2025 of Axis Bank in the name of Seema Aariz. It is next contended that identically placed co-accused, Meraj Alam has been granted bail by this Court vide
order dated 14.03.2023 passed in Criminal Misc. Bail Application No. 40469 of 2022 (Meraj Alam vs. State of U.P.). The applicant
claims parity. The criminal history of the applicant has been explained in para nos. 12 of 17 of the affidavit.
6. Counsel for the informant has received the said demand drafts in the court. Endorsement to the said effect has been made in the
order-sheet and the photocopy of the said drafts has been kept on record. Counsel for the informant further submits that the informant has no objection if the applicant is released on bail.
7. Learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts.
8. Considering the fact that the amount credited in the account of the applicant is being returned to informant by way of demand draft nos. 002211 and 002212 dated 23.02.2025 and 24.02.2025 of Axis Bank respectively in favour of the informant. Identically placed co-accused, Meraj Alam has been granted bail by this Court. Counsel for the informant has no objection if the applicant is relased on bail. Further, the applicant has remained confined for more than three months and after submission of the charge-sheet 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 delay the trial 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.
9. Let the applicant- Israr Ahmad, 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 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 prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses.
10. In 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 :- 28.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad