Allowed

furkan v. State of U.P.

Allahabad HC1 Feb 2018BAIL/3659/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case involving offences under Sections 379 and 411 IPC. The applicant argued innocence and parity with co-accused already released. The court emphasized the severity of punishment and prima facie satisfaction of the charge before ordering release.

What did the court decide?

Released on bail with a personal bond and two sureties each in the like amount upon furnishing identical security.

furkan Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3659 of 2018

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Applicant :- Furkan Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is submitted that the first information report was lodged against unknown persons. The applicant is not named in FIR. The recovery which has been shown from the joint possession of the applicant and other accused is planted one.

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It is further submitted that the co-accused Rashid and Mehadi Hashan have been granted bail by this Court on 19.1.2018 in Criminal Misc. Bail Application No. 2106 of 2018, a copy of said order has been produced by learned counsel for the applicant and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It has also been submitted that the applicant is languishing in jail since 7.11.2017. The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.

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Let the applicant Furkan , involved in Case Crime No.884 of 2017, under Sections 379,411 I.P.C., Police Station Dadari, District Gautam Buddh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after

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release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 1.2.2018

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furkan v. State of U.P.

Case brief

What is this about?

What did the court decide?

furkan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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