Allowed

Julfkar@ Fimman v. State of U.P.

Allahabad HC22 Aug 2022BAIL/21814/2022

Case brief

AI extract

What is this about?

Court allowed bail to applicant Julfkar@ Fimman in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, directing release on a personal bond with conditions for sureties once court functioning is normal.

What did the court decide?

Release on bail with personal bond and two sureties, conditional on future furnishing of sureties upon restoration of court functioning.

Julfkar@ Fimman Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21814 of 2022

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Applicant :- Julfkar@ Fimman Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra,Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Chandra Shekhar Mishra learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.77 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Heempur Deepa, District Bijnor during pendency of the trial.

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It is argued by learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in criminal cases in which he has already been enlarged on bail by the court concerned. (Annexure 3 to the bail application). It is further submitted that applicant has falsely been implicated in the present case. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 20.02.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Julfkar@ Fimman, who is involved in the aforesaid case 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

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conditions. Further, before issuing the release order, the sureties be verified.

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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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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.8.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.08.23 12:10:05 IST Reason: Location: High Court of Judicature at Allahabad

Julfkar@ Fimman v. State of U.P.

Case brief

What is this about?

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Julfkar@ Fimman v. State of U.P.

Case brief

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