Gulfam v. State of U.P.
Case brief
What is this about?
The court allowed the bail application. It held that since the applicant was not named in the FIR and recovery occurred without independent witnesses, bail was granted subject to furnishing a bond and sureties.
What did the court decide?
Applicant released on bail subject to personal bond and two sureties of Rs.25,000 each with conditions to attend hearings and not tamper with evidence.
What the court decided
Neutral Citation No. - 2023:AHC:215944
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46555 of 2023
Applicant :- Gulfam Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Garg Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
- Heard learned counsel for the applicant, learned AGA and perused the record.
- The accused-applicant seeks bail in Case Crime No.491 of 2023 under sections 454, 380, 411 IPC, P.S. Civil Lines, District Moradabad.
- The FIR in question was lodged against unknown persons. Subsequently, based upon the recovery of some yellow metal, the applicant was implicated with the offence in question.
- It is argued that the recovery is not in the presence of any independent witnesses. Apart from the said fact, the criminal antecedents of the applicant have been duly disclosed in para 14 wherein all the cases have been lodged simultaneously against the applicant. The applicant has produced a copy of the bail orders in some of the cases in which he is on bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail given that the recovery was not in the presence of independent witnesses and his antecedents were disclosed simultaneously.
Parties & counsel
- applicant
Gulfam
Coram
Pankaj Bhatia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46555/2023
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