Allowed

Mofil v. State of U.P.

Allahabad HC8 Feb 2023BAIL/6081/2023

Case brief

AI extract

What is this about?

The court allowed bail to the applicant Mofil in a criminal trial for homicide-related offences. Relying on the fact that the accused was not named as an assailant in the FIR but only as a conspirator, the court granted bail subject to strict conditions regarding attendance and conduct during trial.

What did the court decide?

Accused released on bail with personal bond and two sureties, subject to undertakings to appear for evidence, framing of charge, and recording of statement.

Mofil Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6081 of 2023

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Applicant :- Mofil Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Saroj Yadav,J.

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Heard Mr. N.I. Jafri, learned Senior Advocate, Mr. Sadrul Islam Jafri, learned Advocate assisted by Mr. Gufran Ahmad Khan learned counsel for the accused/applicant, and Mr. D.P.S. Chauhan, learned A.G.A. for the State-respondent and perused the material available on record.

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This is the first bail application filed on behalf of the accused/applicant. Learned counsel for accused/applicant submitted that accused / applicant has falsely been implicated in the crime. He further submitted that he is not named in the FIR as an assailant, his role in the FIR has been mentioned only as a conspirator for committing the crime. He further submitted that accused/applicant is languishing in jail since 11.01.2023. The accused/applicant has no criminal history, as stated in paragraph No.27 of the afÏdavit filed in support of the bail application. Hence, he may be enlarged on bail.

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Learned A.G.A. for the State opposed the bail application of the accused/applicant, but did not dispute the fact that role to the accused/applicant has been assigned only of planning to commit the crime.

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Considered the rival submissions and perused the material available on record.

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Considering all the facts and circumstances of the case, specially the fact that accused/applicant is not named in the FIR as an assailant in the crime, without commenting on merit of the case, it appears just to enlarge the accused applicant on

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bail.

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Accordingly, the bail application filed on behalf of applicant is allowed.

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Let the applicant Mofil involved in Case Crime No. 105 of 2022, Under Section 147, 148, 149, 323, 325, 504, 506, 452, 302, 307, 308/34, 120-B of I.P.C., Police Station Baghauch Ghat, Deoria be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v)The party shall file computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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(Mrs. Saroj Yadav, J.)

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Order Date :- 8.2.2023 A. K. Singh

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Mofil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mofil v. State of U.P.

Case brief

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What did the court decide?

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