Irshad vs State Of U.P.
2014 Latest Caselaw 8050 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35953 of 2014
 

 
Applicant :- Irshad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Lalit Kumar Shukla
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the applicant is not named in the first information report and the name of applicant came into picture in the extra judicial confession after six weeks. It is next contended that in fact, no recovery has been made  from the applicant nor there is any independent witness of the alleged recovery.  It is next contended that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended by learned counsel for applicant that  in case applicant is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Irshad, involved in case crime No. 26 of 2014, under Sections  147, 148, 149, 323, 427, 395, 397  IPC, police station Barsana, District  Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction  of court concerned on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 5.11.2014

M.A.A.