Mahfooj Alam v. State of U.P.
Case brief
What is this about?
The High Court rejected a bail application filed by Mahfooj Alam, an accused charged with murder and other offences under the IPC. The court held that the applicant did not show good grounds for bail, noting allegations of active participation in a riot resulting in death.
What did the court decide?
Bail application dismissed.
What the court decided
A compact analysis
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.
Reserved on :- 29.08.2022 Delivered on :- 05.09.2022
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5248 of 2022
Applicant :- Mahfooj Alam Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh,Ajay Kumar Pandey,Faizan Siddiqui
Counsel for Opposite Party :- G.A.,Rajiv Lochan Shukla,Ram Awadh Mishra,Siddhartha Mishra
Hon'ble Siddharth,J.
- Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Faizan Siddiqui and Sri Dharmendra Pratap Singh, learned counsels for the applicant, Sri Rajiv Lochan Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
- The instant bail application has been filed on behalf of the applicant, Mahfooj Alam, with a prayer to release him on bail in Case Crime No. 386 of 2021, under Sections 147, 148, 149, 302, 394, 364, 411, 34 I.P.C., Police Station- Sarai Akil, District- Kaushambi, during pendency of trial.
- There is allegation of rioting, attempt to murder and also causing injuries to the injured against the applicant, being member of unlawful assembly and committing the alleged offences in furtherance of common object. The applicant along with 5 named co-accused persons are alleged to have attacked the injured by sharp-edged weapons as a result of which he suffered head injuries and after he tried to escape, all the accused persons fired at him with intention of murder and he fell down. After hearing the sound of firing, the villagers came and thereafter, the accused persons, considering the injured to be dead, left him and ran away. The injured was brought to the police station from where he was taken to the District Hospital.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to an accused charged with offences under Sections 147, 148, 149, 302 IPC involving death.
Whether the presence of the accused in an unlawful assembly under Section 149 IPC alone constitutes good ground for bail.
Parties & counsel
- applicant
Mahfooj Alam
Coram
Siddharth
Rohit Das
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/5248/2022
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