Allowed

Furkan v. State of U.P.

Allahabad HC2 Jan 2019BAIL/49615/2018

Case brief

AI extract

What is this about?

This Single Judge Court granted bail to the applicant in a criminal case involving offenses under the Excise Act and I.P.C., finding the applicant entitled to release based on innocence, co-accused bail status, and lack of risk to justice.

What did the court decide?

Applicant allowed bail on personal bond and two sureties with conditions against tampering with evidence, pressuring witnesses, and ensuring appearance.

Furkan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49615 of 2018

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Applicant :- Furkan Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is no independent public witness to the fact of alleged recovery. Similarly circumstanced co-accused Pankaj Kumar Singh and Ritesh Kumar have already been admitted to bail by this Court vide order dated 26.10.2018 in Criminal Misc. Bail Application No.40724 of 2018. Copy of bail order has been annexed as Annexure no.2 to the affidavit filed in support of this bail application. The applicant has no criminal history and is languishing in jail since 29.8.2018. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.

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Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Furkan involved in Case Crime No. 155 of 2018, under Sections - 60, 63, 72 Excise Act & 419, 420, 467, 468, 471 I.P.C., Police Station - Ubhaon, District - Ballia be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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

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Order Date :- 2.1.2019

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Raj

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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