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2025 DAILYLAW 85723 (ALL)

GUFRAN v. State of UP

BAIL/29818/2024 · 2025-05-08

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76005 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29818 of 2024 Applicant :- Gufran Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Prajapati,Radhey Shyam Shukla,Saurabh Kumar,Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the record of the case. 2. The present bail application has been filed on behalf of applicant, under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.368 of 2024, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Powayan, District-Shahjahanpur, during pendency of the trial. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case due to ulterior motive and he is languishing in jail since 11.06.2024. He next submitted that one case has been shown in the gang chart and in the said case, applicant is on bail. He further submitted that apart from one case, applicant has been attributed criminal history of six cases, which have been explained in para-8 of the bail application and applicant has been released on bail in all those cases. He next submitted that co-accused, namely, Lala @ Kadeer, Matiulla and Junaid have already been granted bail by Co-ordinate Bench this Court, vide orders dated 11.04.2025, 8.08.2024 and 02.08.2024 passed in Criminal Misc. Bail Application Nos.28729 of 2024, 28405 of 2024 and 27486 of 2024 respectively. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 6. Let applicant, Gufran be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad