On Monday, the Allahabad High Court granted conditional bail to a man accused of hitting individuals as they returned home while shouting “Jai Sri Ram.” This order was issued by a Single Bench of Justice Jayant Banerjee while hearing Irfan’s Criminal Misc Bail Application.
The bail application has been made to extend the applicant’s bail in the case under Sections 147, 148, 504, 307, 354Kha, and 324 IPC, Police Station Simbhawali, District Hapur.
According to the prosecution’s narrative, the complainants/victims were coming home at 8 p.m., raising the slogan ‘Jai Sri Ram,’ when the applicant’s side began abusing them, and when they protested, they were beaten by the ‘batt’ of ‘tamancha’, ‘balakati’ and ‘iron rods’.
Counsel for the application argued that the applicant is innocent and was falsely implicated of the crime. It is claimed that the applicant’s side was also injured. The wounded and the complainant have not assigned any of the accused persons a specific role. The accused is just assigned the general role. The petitioner was not there when the incident occurred.
It was also stated that there is no fear that after being released on bail, he will flee the course of justice, that the applicant has been in jail since March 11, 2022, and that the probability of the trial being completed in the near future is very unlikely.
Counsel for the applicant has argued that this is a question of parity because the Court has previously granted bail to the other co-accused. It is argued that the applicant’s case is identical to that of the co-accused who have been released on bond.
However, the Additional Government Advocate and counsel for the complainant have opposed the bail application, but they have not refuted the aforesaid point stated by the lawyer for the accused-applicant.
In light of this, the Court ordered that the petitioner, Irfan, be granted bail in the matter on the condition that he post a personal bond of Rs. 50,000/ with two sureties of the same amount to the satisfaction of the court.
- The applicant shall attend in accordance with the terms of the bond executed under Chapter XXXIII of the Cr.P.C.
- The applicant shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected.
- The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case in order to dissuade him from disclosing such facts to the Court or to any person acquainted with the facts.
Any violation of any of the aforementioned conditions will result in the termination of bail. Before the bonds are approved, the court will verify the applicant’s and sureties’ identity, status, and residency.
Case Title: Irfan vs State of Uttar Pradesh.