The High Court allowed the bail application of Wasim @ Galkata, charged under the Arms Act, holding that a case for bail is made out without commenting on the merits of the case.
Applicant released on bail on personal bond and two sureties with conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23688 of 2021
Applicant :- Wasim @ Galkata Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar,Girja Shanker Mishra,Noor Mohammad
Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 163 of 2021, under Sections 5/25 Arms Act registered at P.S.Dhampur, District-Bijnor
Submission of learned counsel for the applicant Wasim @ Galkata is that he has been falsely implicated in this case. Further submission of the learned counsel for the applicant is that the alleged recovery of the country made pistol and parts thereof is planted by the police. The applicant has not committed any offence. The applicant is a daily labour and very poor person and sole bread earner of the family. The applicant has explained the criminal history in paragraph no. 2 of the supplementary affidavit.Further submitted that the applicant is languishing in jail since 14.4.2021
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, period of detention, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Wasim @ Galkata involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 15.12.2021
AU
Digitally signed by ANIL KUMAR OJHA Date: 2021.12.16 15:11:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant charged under Sections 5/25 Arms Act.
Whether the alleged implicateion of the applicant is false and evidence planted.
3 provisions across 2 enactments
Wasim @ Galkata
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
