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2025 DAILYLAW 78410 (ALL)

FURKAN v. State of U.P.

BAIL/27587/2024 · 2025-08-04

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131703 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27587 of 2024 Applicant :- Furkan Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Shyam Babu Vaish, learned counsel for the applicant has filed second supplementary affidavit explaining criminal history of one case, which is taken on record. 2. The present bail application has been moved by the applicant- accused Furkan for the offence punishable under Sections 307, 411, 414 IPC and Section 3/25 of Arms Act in Case Crime No. 101 of 2024, Police Station- Bhawan Bahadur Nagar, District- Bulandshahar. 3. Learned counsel appears and submits that the matter pertains to police party firing, wherein seven accused persons have been named in the FIR including the applicant. The accused applicant is apprehended at the place of incident. The accused suffered gun shot injury on his leg. The criminal history of seven cases have been explained in bail application as well as supplementary affidavit, in all the cases, applicant is on bail. He is in jail since June, 2024. 4. Per contra, learned AGA has opposed the bail application and submits that the accused is habitual offender, who has seven cases of criminal history, though, conceded that the accused is on bail in all the cases. 5. This Court has taken into consideration the rival submissions made by the parties and perused the record. 6. Prima facie the record reveals that the accused has been apprehended by the police in absence of independent witness, who suffered gun shot injury on his leg. The charge sheet has been submitted against the accused-applicant. The criminal history has been duly explained. The accused-applicant is in jail since June, 2025. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 5.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad