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2025 DAILYLAW 112304 (ALL)

MH. IBRAHIM v. STATE OF U.P.

BAIL/46858/2024 · 2025-01-09

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:4419 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46858 of 2024 Applicant :- Mh. Ibrahim Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the Stat. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.110 of 2005, under Sections 302,394,307 and 411 IPC, Police Station Singramau, District Jaunpur during pendency of the trial. 3. Learned counsel for the applicant submits that earlier applicant was released on bail in the present matter in the year 2004 and thereafter he did not appear before the trial court as after some time his counsel informed him that final report has been submitted in his favour and therefore he intentionally did not abstain from court proceedings. 4. He further submits that when applicant came to know that coercive measures are being taken against him then he immediately surrendered before the court concerned on 10.7.2024 and since then he is in jail. 5. He further submits that applicant did not willfully avoid the court proceedings and he is ready to give an undertaking that if he will be released on bail, he will regularly attend the trial court and, therefore, considering the facts and circumstances of the case, he should be released on bail. 6. Per contra, learned AGA opposed the prayer for bail and submits that it is a classic case of mis-use the liberty of bail granted to the applicant. 7. Learned AGA further submits that applicant absconded for two decades and when proceedings under Section 82 Cr.P.C. were issued against him then only he appeared before the trial court and considering this fact, there is every possibility, if he will be released on bail then he will again abscond and, therefore, considering the conduct of the applicant he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record it reflects that applicant was made accused in the present matter in the year 2004 for offences under Sections 302/394 IPC and however, he was released on bail in the year 2004 but it appears that after released on bail he absconded and he surrendered before the court concerned in July, 2024, therefore, it appears that he absconded for almost 20 years. 10. Further, from the perusal of the record it also reflects that applicant could only be surrendered after the process under Sections 82 and 83 Cr.P.C. and considering this fact the argument advanced by the learned AGA that there is every possibility that if applicant will be released on bail then he will again abscond, cannot be ruled out at this stage. 11. Therefore, from the facts and circumstances of the case discussed above, I am not inclined to enlarge the applicant on bail at this stage. 12. Accordingly, the instant bail application is rejected. 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 :- 9.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad