Imran Alias Golu Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Imran Alias Golu Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicant Imran Alias Golu to be enlarged on bail in Case Crime No. 387 of 2024 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence, abstention from criminal activity, non-pressurizing/intimidating prosecution witnesses and cooperation in the trial, and regular appearance before the trial court); on breach, the court below may cancel bail.

Issue for consideration

Whether accused-applicant Imran Alias Golu, booked in Case Crime No. 387 of 2024 (Police Station Lohiya Nagar, District Meerut) under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 Arms Act, should be enlarged on bail.

Court's answer

Considering all facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merits, the Court found that a case for bail is made out.

Ratio / Principle

The Court accordingly allowed the bail application of accused-applicant Imran Alias Golu.

Key takeaways

Release was directed on the accused-applicant executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions that he will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and will appear regularly on each date fixed by the trial court unless exempted through counsel; on breach of any condition, the court below is at liberty to cancel his bail.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashutosh Srivastava, J.) decided Criminal Misc. Bail Application No. 44857 of 2024 on 20.01.2025. Applicant Imran Alias Golu sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Case Crime No. 387 of 2024, Police Station Lohiya Nagar, District Meerut, booked under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 Arms Act. Counsel argued the applicant is innocent, is not named in the FIR, his name having surfaced in the confessional statement of co-accused Mohd. Jaki; recovery of one tamancha 315 bore and yellow-metal ornaments (necklace, four bangles, pair of earrings, ring) was shown against him without any independent witness; the offences are triable by a magistrate; he has no criminal antecedent and is in jail custody since 20.11.2024; co-accused Sarfaraz was already granted bail by this Court on 20.01.2025 in Criminal Misc. Bail Application No. 42061 of 2024. Learned AGA opposed. Without commenting on the merits, the Court held a case for bail was made out on consideration of the nature of accusations, severity of punishment, nature of supporting evidence, apprehension of witness tampering and prima facie case, allowed the application and ordered release on a personal bond and two reliable sureties each, in the like amount, subject to conditions of non-tampering, non-indulgence in criminal activity, non-intimidation of prosecution witnesses with cooperation in trial and regular court appearances, breach inviting cancellation by the court below.

Neutral Citation No. - 2025:AHC:9230

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44857 of 2024

Applicant :- Imran Alias Golu Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Sudhir Kumar, learned counsel for the applicant, Shri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Imran Alias Golu, seeking enlargement on bail in Case Crime No. 387 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25 Arms Act, Police Station- Lohiya Nagar, District- Meerut.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.11.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the confessional statement of the co accused, namely, Mohd. Jaki. Recovery of one tamancha 315 bore and one necklace, four bangles, a pair of earring, a ring (all made of yellow metal) etc. have been shown against the applicant. There is no independent witness of the alleged recovery. The offences are triable by magistrate. He 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. Co-accused, namely, Sarfaraz has already been granted bail by this Court vide order dated 20.01.2025 passed in Criminal Misc. Bail Application No. 42061 of 2024. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above 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.

Accordingly, the bail application is allowed .

Let the accused-applicant, Imran Alias Golu , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

Order Date :- 20.1.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad