Allowed

Sarfaraj v. State of U.P.

Allahabad HC24 Apr 2019BAIL/4100/2019

Case brief

AI extract

What is this about?

This bail application was allowed. The court found it a fit case for bail without expressing an opinion on the merits, releasing the applicant on a personal bond and two sureties subject to specific conditions regarding evidence tampering, trial cooperation, and future conduct.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions regarding witnesses, trial cooperation, and future conduct.

Sarfaraj Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4100 of 2019

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Applicant :- Sarfaraj Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard Sri D.P. Singh, learned counsel for the applicant, Sri A.N. Mulla, learned A.G.A. for the State and perused the material on record.

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 539 of 2018 under Sections 452, 307 I.P.C. Police Station Budhana, District Muzaffar Nagar.

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Learned counsel for the applicant submitted that role of opening firearm on the victim has been assigned to the applicant but no firearm injury has been received on the body of the injured victim. Injury caused by other co-accused is simple in nature. The applicant has been falsely implicated with an ulterior motive. Allegations are false, frivolous and concocted. The applicant is in jail since 26.10.2018 and if he is granted liberty, he will not misuse the same.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Sarfaraj involved in the aforesaid 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 with the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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He shall cooperate in the trial bonafidely without seeking adjournments.

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He shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 24.4.2019

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Ram Murti

Sarfaraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sarfaraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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