Gulsher Alias Govinda Alias Aman v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47763 of 2023 Applicant :- Gulsher Alias Govinda Alias Aman Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against unknown persons. Subsequently, applicant was named in the offence in question, although, no recovery was effected from the applicant.

¶3Counsel for the applicant argues that the applicant has no criminal history prior to the offence in question. Subsequently, four persons were implicated.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the applicant was not named in the FIR, no recovery was effected from the applicant 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.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Gulsher Alias Govinda Alias Aman be released on bail in FIR/ Case Crime No. 313 of 2023, under Section 395 IPC, P.S. Hari Parwat, District Agra, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

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

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

(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. Order Date :- 8.11.2023 S.A. High Court of Judicature at Allahabad