Imran Ali vs State Of U.P.
2024 Latest Caselaw 16458 ALL

Allahabad High Court

Imran Ali vs State Of U.P. on 9 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83824
 
Court No. - 89
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8896 of 2024
 
Applicant :- Imran Ali
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Atul Kumar Srivastava,Whaquar Ahmad
 
Counsel for Opposite Party :- Anurag Sharma,G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

Supplementary affidavit-2 filed today is taken on record.

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

This is the second bail application preferred on behalf of the applicant, with a prayer to release the applicant on bail in Case Crime No.250 of 2022, under Sections 302, 504, 120-B, 34 of IPC, Police Station Dhoomanganj, District Prayagraj, during the pendency of trial.

First bail application of the applicant was rejected by this Court, on merit, vide order dated 16.2.2023.

The only argument advanced on behalf of the applicant is that the applicant is languishing in Jail since 10.7.2022, while the statement of PW-1 is going on. Learned counsel for the applicant relied upon a judgment of Delhi High Court in Mohd. Saleem Khan vs. State of NCT of Delhi, 2021 0 Supreme (Del) 590 and submitted that so far as the CDR is concerned, it is a matter of trial. The applicant and other co-accused, including the deceased, were indulged in the business of property dealing and, therefore, it was natural that frequent calls were made by them to each other.

Considering the overall facts and circumstances of the case, in particular the nature and gravity of offence and further considering the evidence available on record, this Court is of the opinion that no case for grant of bail to the applicant is made out.

Accordingly, the present bail application is dismissed.

However, the trial Court is directed to record the statement of the witnesses of fact within six months from today, without granting any unnecessary adjournment to the parties, subject to full cooperation by the applicant.

Order Date :- 9.5.2024-RKK/-