Allowed

Gucchan v. State of U.P.

Allahabad HC6 Aug 2022BAIL/3772/2021

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant, Gucchan, who had been in jail since December 2019. Relying on parity with a released co-accused and dicta from the Supreme Court, the Court granted bail without expressing an opinion on merits, subject to standard conditions.

What did the court decide?

Released on bail by furnishing personal bond and two sureties each in like amount, subject to standard conditions.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3772 of 2021

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Applicant :- Gucchan Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Faiz Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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The submission is that co-accused, Noor Hasan, has already been enlarged on bail vide Criminal Misc. Bail Application No. 9935 of 2022 on 5.5.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 11.12.2019.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, 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, Gucchan, involved in Case Crime No. 1218 of 2019, under Section 380,457 IPC, Police Station- Civil Lines District- Moradabad, 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.

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The applicant will not tamper with the evidence

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during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 6.8.2022

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Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.06 17:21:36 IST Reason: Location: High Court of Judicature at Allahabad

Gucchan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gucchan v. State of U.P.

Case brief

What is this about?

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