This court allowed a bail application under the CrPC. Considering the nature of the offence, lack of prior criminal record, and delays in trial, the court held that the applicant made out a case for bail and granted release subject to standard conditions.
The applicant was to be released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12040 of 2023
Applicant :- Julfkar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Julfkar with a prayer to release him on bail in Case Crime No.15 of 2023, under Sections 307, 34 I.P.C. & Section 3/25/27 Arms Act, P.S. Kithor, District Meerut during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is a no injury case. Applicant has received injury. Applicant was wanted in Case Crime No.14 of 2023, under section 392 I.P.C. Applicant was arrested and implicated in the present case. Except the aforesaid case, applicant has no previous criminal antecedent. No police person found injured. 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 17.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Julfkar, 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 conditions. Further, before issuing
the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 4.4.2023 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving Sections 307, 34 IPC and Arms Act.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Julfkar
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma and Surjit Kumar Dey
Parties & counsel
