Allahabad High Court
Iqram Quraishi vs State Of U.P. on 5 May, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20073 of 2023 Applicant :- Iqram Quraishi Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 459 of 2022, registered under Sections 307, 467, 468, 471, 120-B I.P.C. and Section 3/25 of Arms Act, Police Station Patherwa, District Kushi Nagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is police encounter case. No police personnel has received injury. Recovery of alleged fire arm from the possession of the applicant is false and planted. Criminal history of two cases of the applicant has been explained in bail application. The applicant is languishing in jail since 01.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Iqram Quraishi, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.5.2023 Nitin Verma