Imran @ Irfan vs State Of U.P.
2011 Latest Caselaw 2754 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18137 of 2011
 

 
Petitioner :- Imran @ Irfan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Pankaj Bharti
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

It is contended by the learned counsel for the applicant that the applicant  was not named in the First Information Report. The FIR was lodged after 29 days of the incident. Subsequently, recovery of Rs. 2000/-  and a golden chain was shown from the applicant  which was connected with other case,  and Rs. 1500/- from the co accused. However, according to  him, the  alleged amount belongs to him. In fact, the amount alleged to have been recovered from the applicant belongs to the applicant and he was not involved in the present case.  Subsequently, on the basis of alleged confessional statement, he was implicated in other cases also. Earlier there was no criminal history against the applicant. The applicant  is  innocent and  has  been falsely implicated in this case.  It is further contended that the co accused  Shobhit  @ Azam has  already been released on bail by this court. It is further contended that the applicant is  in jail since   29.4.2011, therefore,  in the aforesaid facts and circumstances, the applicant is  entitled for bail.

Learned AGA opposed the aforesaid prayer. 

Considering the submissions of learned counsel for the parties,  without expressing any opinion on the merits of the case, I consider it a fit case for bail.

Let the applicant Imran @ Irfan   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 in case crime no.  489 of 201,  under section 392, 411  IPC, P.S. Kotwali Nagar,  district Muzaffarnagar with the following conditions;

1.       The applicant will not tamper with the evidence.

2.       The applicant shall not pressurize/intimidate the prosecution witnesses during trial.

3.       The applicant will appear at the police station concerned in the first week of every  month  to show his good conduct and behaviour.

In defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicant and to take him into custody.

Order Date :- 15.7.2011

Gss