Allowed

Mohd. Gufran v. State of U.P.

Allahabad HC1 Apr 2025BAIL/332/2025

Case brief

AI extract

What is this about?

Bail application by accused in a snatching/Arms Act case who claimed false implication after demanding repair dues from constables; court noted no criminal antecedents and allowed bail subject to conditions including non-tampering and regular trial appearance.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties, with conditions against tampering, criminal activity and witness intimidation, and regular trial attendance.

Mohd. Gufran vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:44698

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 332 of 2025

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Applicant :- Mohd. Gufran Opposite Party :- State of U.P. Counsel for Applicant :- Prince Pathak,Shubham Yadav,Suhail Bhardwaj Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 316 of 2024, under Sections 309(4), 317(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3/25 of Arms Act, Police Station Sandipanghat, District Kaushambi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the FIR has been lodged against unknown persons. He submits that the allegation of snatching the money bag of the complainant is false and the fact is that some constables of the Muratganj outpost had got their vehicles repaired in the applicant's garage and when he asked for the money, he was beaten up and forcibly brought to the police station and lodged the present case. The applicant is languishing in jail since 30.11.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Mohd. Gufran, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 1.4.2025 pks

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

Mohd. Gufran v. State of U.P.

Case brief

What is this about?

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Mohd. Gufran v. State of U.P.

Case brief

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