Allowed

Mohammad Farookh v. State of U.P.

Allahabad HC3 Feb 2023BAIL/58432/2022

Case brief

AI extract

What is this about?

In a bail application regarding charges under Sections 307/34, 411, 413, 414 IPC and Arms Act, the Court allowed the prayer, finding the applicant had made a case for bail similar to four co-accused who were already granted bail, citing Supreme Court authority. Bail granted with personal bond and sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in like amount, subject to verification.

Mohammad Farookh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58432 of 2022

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Applicant :- Mohammad Farookh Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard 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 with a prayer to release the applicant on bail in Case Crime No. 212 of 2022, registered under Sections 307/34, 411, 413, 414 I.P.C. and Section 3/25 Arms Act, Police Station Chajlet, District Moradabad during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that five co-accused persons were arrested by the police party out of which four co-accused persons, namely, Nanhe, Javed, Ismail and Javed have been granted bail by co-ordinate Bench of this Court and the role of the applicant is same as of the coaccused, hence, the applicant is also entitled for bail on the ground of same footing. After arrest, applicant has been implicated in other cases. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has no previous criminal history. The applicant is languishing in jail since 26.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , 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.

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Let the applicant, Mohammad Farookh, 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

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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 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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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 :- 3.2.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Mohammad Farookh v. State of U.P.

Case brief

What is this about?

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Mohammad Farookh v. State of U.P.

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