Allowed

Gulzar v. State of Up

Allahabad HC8 Aug 2024ABAIL/7637/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail to the applicant in a murder and hurt case (Section 307 IPC). The court noted the case involved no injury and the co-accused was already on bail, considering the applicant's safety and lack of injury compression.

What did the court decide?

The applicant was released on anticipatory bail till the conclusion of the trial on furnishing a personal bond with two sureties subject to conditions regarding appearance, non-tampering with evidence

Gulzar vs State of Up — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:128161

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7637 of 2024

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Applicant :- Gulzar Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Sri Jhamman Ram, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case No. 7995/9 of 2020, FIR/Case Crime No.52 of 2020, under Sections 323,307, 504 and 506 IPC, Police Station Charthawal, District Muzaffar Nagar during pendency of the trial.

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Learned counsel for the applicant submits that admittedly it is a case of no injury and during investigation arrest of applicant was stayed by this Court and the order passed by this Court has been annexed as Annexure-3 to the affidavit filed in support of the instant anticipatory bail application.

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He further submits that after charge sheet applicant filed the instant anticipatory bail application as he is having apprehension

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that if he will appear before the court concerned then he will be sent to jail.

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He further submits that apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant anticipatory bail application.

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He further submits that co-accused Mahtab, who was also named in the FIR along with the applicant, has already been released on anticipatory bail vide order dated 2.1.2024 passed in Criminal Misc.Anticipatory Bail Application No. 13210 of 2023 and the case of applicant is at par with him and therefore, considering the facts and circumstances of the case argued above, applicant should be enlarged on bail.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it appears to be a case of Section 307 IPC but it also reflects that it is a case of no injury.

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Further, during investigation it appears that arrest of the applicant has been stated by this Court.

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Further, co-accused Mahtab has already been released on anticipatory bail by this Court and on merit the case of applicant is at par with him.

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Further, however, applicant is having criminal history of five

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other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application.

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Further, record suggests that co-accused Mahtab was also having criminal history of five other cases.

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Further, apprehension of arrest raised by applicant cannot be completely ruled out at this stage.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

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In the event of arrest of the applicant -Gulzar involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the

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trial;

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(v) that the applicants shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 8.8.2024 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Gulzar v. State of Up

Case brief

What is this about?

What did the court decide?

Gulzar v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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