Allahabad High Court
Irfan vs State Of U.P. on 19 March, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13180 of 2021
Applicant :- Irfan
Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 351 of 2013, under Section 364-A IPC, Police Station - Barhapur, District -Bijnor .
Counsel for the applicant argues that the applicant is in custody since 20th November, 2013 i.e. more than 7 years have passed. He argues that on the same ground, co-accused has already been enlarged on bail. The bail orders are on record as Annexure no. 4. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It was also contended that the applicant has no criminal history and he is languishing in jail since 20.11.2013.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as the fact that the applicant is languishing in jail since 21.11.2013 without conclusion of trial and considering the fact that co-accused has been enlarged on bail. I do not see any reason why the applicant should not be enlarged on bail. Consequently, the applicant is also enlarged on bail. There is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.
Let the applicant Irfan involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 19.3.2021
Arif
