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2025 DAILYLAW 188066 (ALL)

IMRAN ALIAS GOLU v. STATE OF U.P.

BAIL/44857/2024 · 2025-01-19

Ashutosh Srivastava

body2025

Judgment text

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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 accused- applicant, 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 accused- applicant 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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