Allowed

Sarfaraz v. State of U.P.

Allahabad HC27 Jul 2023BAIL/9351/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for an accused named Sarfaraz. The court observed that while the accused faced severe allegations, the specific charge against the applicant was not grave, and the medical report showed no major injury. The bail was granted subject to furnishing a personal bond and sureties.

What did the court decide?

Release on bail in Case Crime No. 0217 of 2022 via personal bond with two sureties of Rs. 25,000/- each.

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

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Neutral Citation No. - 2023:AHC:151114

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9351 of 2023

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Applicant :- Sarfaraz Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for applicant, learned AGA and perused the record.

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2. The FIR in question was lodged against as many as seven known persons and 10 to 15 unknown persons alleging that on the day in question, the accused hurled abuses and misbehave with the lady. The counsel for the applicant argues that the applicant is in custody since 06.12.2022. The Criminal history has been explained in paragraph no. 12 of the bail application.

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Learned A.G.A. vehemently opposed the bail prayer.

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4. Considering the general nature of allegations levelled coupled with the medical report which has been filed along with counter affidavit which does not indicate any major injury except scratch marks, there is no medical record, in fact the medical was refused. Although, the allegation levelled against all the accused are severe that they tried to disturb the peace and tranquillity, however, no offence to that nature has been alleged against the applicant. Considering the general nature of allegation and there being nothing specific against the applicant and finding that prima facie the offence under Section 307 IPC may not be made out and all other offences are punishable primarily with the punishment of about 7 years and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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Let the applicant- Sarfaraz be released on bail in Case Crime No. 0217 of 2022, under Sections 147, 354, 354-B, 504, 506 IPC and Section 307 IPC, registered at Police Station-Kotwali, District- Meerut on his furnishing a personal bond with two

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sureties of Rs. 25,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 27.7.2023 Kalp Nath Singh

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Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad

Sarfaraz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sarfaraz v. State of U.P.

Case brief

What is this about?

What did the court decide?

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