Farukh v. State of U.P.
Case brief
What is this about?
The court enlarged the applicant on bail in possession of a charge of dacoity and wrongful confinement, subject to conditions regarding witness interference and court presence.
What did the court decide?
The applicant is released on bail by furnishing a personal bond and two local sureties of like amount, subject to specific conditions regarding evidence and court attendance.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49470 of 2020
Applicant :- Farukh Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.203 of 2020, under Section 399, 402 IPC, P.S. Kuthaund, District Jalaun.
Learned counsel for the applicant submits that according to prosecution, on 03.09.2020 Shubham Mishra and Kishan Mishra were arrested while preparing a plan of dacoity and Arjun Mishra and Mohit fled away from the spot. He further submits that co-acused Shubham Mishra and Kishan Mishra have been enlarged on bail on 15.12.2020 in Criminal Misc. Bail Application No. 46029 of 2020. He also submits that the applicant is entitled for bail on the ground of partiy. The applicant has no criminal history. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 03.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a charge of dacoity and wrongful confinement.
What conditions should be imposed on the grant of bail to prevent tampering with witnesses and ensuring presence in court.
Parties & counsel
- applicant
Farukh
- respondent
State of U.P.
Coram
Ali Zamin
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/49470/2020
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