Honble Justice Rajiv Joshi allowed a bail application filed by Mohd. Gufran in a trial stage case involving kidnapping and related offences, directing his release on personal and surety bonds after hearing counsel and considering precedents.
Release on personal bond and two surety bonds subject to standard bail conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18927 of 2021
Applicant :- Mohd. Gufran Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Santosh Kumar Dubey
Hon'ble Rajiv Joshi,J.
Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri K.K. Dubey, Advocate holding brief of Sri Santosh Kumar Dubey, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.26 of 2021, under Sections 364, 147, 149, 342 I.P.C., Police Station Mainather, District Moradabad during the pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. As per F.I.R. on 14.01.2021 at 4.00 p.m. one Mumtaj took away the victim to his house, thereafter, regular contacts were made with the victim and his wife and last conversation took place on 21.01.2021, thereafter, no conversation took place and his mobile became switched off. It is further submitted by learned Counsel for the applicant that as per the statement of co-accused Afsar @ Sheru the victim was murdered by the co-accused Salim and Mumtaj Kinnar. It is next submitted that the police after investigation has submitted charge-sheet against the aforesaid three persons under Sections 302/34 I.P.C. and the charge-sheet against the applicant and other co-accused persons has been filed under Sections 364, 342, 147 & 149 I.P.C. It is also submitted that the investigation has been completed and the charge-sheet has been submitted and the co-accused, Simran has already been released on bail by a coordinate bench of this Court vide order dated 11.08.2021 in Criminal Misc. Bail Application No.20445 of 2021, the applicant having identical role is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 25.1.2021 having no criminal history to his credit as stated in paragraph no.24 of the affidavit filed in support of the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without
expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Mohd. Gufran who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 14.9.2021 Akbar
1 issue framed by the court
Whether the applicant is entitled to bail in a trial stage case involving offences under Sections 364, 147, 149, and 342 IPC.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mohd. Gufran
State of U.P.
Rajiv Joshi
As recorded by the court registry
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