Mohd. Gufran v. State of U.P. Thru. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14227 of 2023 Applicant :- Mohd. Gufran Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sunil Kumar learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 27 of 2023, under Sections 307/34 I.P.C., registered at Police Station Kotwali Nagar, District Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.01.2023 against four persons, including the applicant, alleging that the accused persons were apprehended on the basis of information received from a mukhbir and they fired towards the police party, however, no person has received any injury in the incident.

¶4The applicant's involvement in total of sixteen cases has been disclosed in para-3 of the supplementary affidavit filed in support of the bail application, eight of which relate to period prior to his arrest, in all of which he has been granted bail and in five other cases, he has been implicated after his arrest.

¶5One of the co-accused person Waki has been granted bail by means of the order order dated 28.03.2023 passed by the Sessions court, Faizabad.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no person has received any injury in the incident and that co-accused person has already been granted bail whereas the applicant is languishing in jail since 18.01.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Mohd Gufran 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 4.12.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench