Farookh @ Gurjar vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Farookh @ Gurjar vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Farookh @ Gurjar to be released on bail in Case Crime No. 269 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance before the trial court on fixed dates unless exempted; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and no tampering with evidence; (iii) no criminal or anti-social activity. On breach of any condition, the prosecution may move for cancellation of bail.

Issue for consideration

Whether the applicant, who was not named in the FIR and was made an accused during investigation with the aid of Section 61(2) B.N.S. in Case Crime No. 269 of 2024 (Sections 103(1), 61(2), 238 B.N.S., P.S. Saroorpur, District Meerut), is entitled to be released on bail during pendency of the trial.

Court's answer

Considering that the case rests on circumstantial evidence, that the applicant was made an accused during investigation with the aid of Section 61(2) B.N.S., that there appears to be no cogent evidence of conspiracy against him on record, and that he is in jail since 07.12.2024, the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed without expressing any opinion on the merits of the case.

Key takeaways

The observations made in the order are limited to the facts brought by the parties for disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶19

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Sameer Jain, J., 24.1.2025) in Case Crime No. 269 of 2024, P.S. Saroorpur, District Meerut, under Sections 103(1), 61(2), 238 B.N.S. The case was argued as one of circumstantial evidence: the applicant was not named in the FIR and was arraigned as an accused during investigation with the aid of Section 61(2) B.N.S.; counsel contended there was no cogent evidence of conspiracy on record and that the applicant had no criminal history and was in jail since 07.12.2024. Learned AGA opposed the prayer but could not dispute the arguments on facts. The Court held the applicant entitled to bail and allowed the application without expressing any opinion on merits, directing release on a personal bond with two sureties each in the like amount, subject to conditions regarding appearance before the trial court, non-tampering with evidence and abstention from criminal/anti-social activity, with liberty to the prosecution to seek cancellation on breach. Observations were expressly confined to the bail disposal and to have no bearing on the trial.

Neutral Citation No. - 2025:AHC:12832

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 352 of 2025

Applicant :- Farookh @ Gurjar Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Ashfaq Ahmed Ansari, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State.

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 269 of 2024, under Sections 103(1), 61(2), 238 B.N.S., Police Station Saroorpur, District Meerut during pendency of the trial.

Learned counsel for the applicant submitted that it is case of circumstantial evidence and applicant was not named in the FIR and during investigation with the aid of Section 61(2) B.N.S. he has been made accused in the present matter. He further submits, even there is no cogent evidence of conspiracy against the applicant on record.

He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.12.2024.

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

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

Considering the fact that it is a case of circumstantial evidence and during investigation applicant has been made accused with the aid of Section 61(2) B.N.S. and it appears, even there is no cogent evidence of conspiracy against him on record and he is in jail since 07.12.2024, in my view, applicant is entitled to be released on bail.

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

Let the applicant - Farookh @ Gurjar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

Order Date :- 24.1.2025 AK Pandey

Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad