Allahabad High Court
Irfan Alias Bhoora vs State Of U.P. on 3 October, 2016
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45266 of 2015
Applicant :- Irfan Alias Bhoora
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Aslam
Counsel for Opposite Party :- G.A.,Naveen Kumar Rai
Hon'ble Harsh Kumar, J.
Learned A.G.A for the State has filed counter affidavit today on behalf of State, which is taken on record.
Rejoinder affidavit filed by learned counsel for the applicant, is also taken on record.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant contended that applicant is not named in the F.I.R and has been falsely implicated in the present case; that as per prosecution case on 26th - 28th May, 2015, mobile-phone calls were received by first informant, demanding money from him, so he lodged F.I.R on 28.05.2015; that has also been stated that on 09.06.2015 the first informant was again called by named accused Mukeem Kala for complying with the demand of Rs.3 lacs at the place pointed out by the culprit and when the first informant delivered a sum of Rs.3 lacs in a plastic bag as per direction to two miscreants at the desired place, the police caught one miscreant on the spot with recovery of a sum of Rs.50,000/-, out of the above money, which had been taken out by him, and the other managed to flee with the rest amount of Rs. 2,50,000/-; that the prosecution story is absolutely false and concocted; that the applicant is resident of district - Shamli and had been at the place of his cousin brother Munawwar, resident of P.S. Gangoh, District Saharanpur; that the first informant had some disputes with the above-mentioned Munawwar and had come to the residence of Munawwar, who managed to flee away and the innocent appellant found at his home was caught and has been falsely implicated in this case; that the recovery of Rs. 50,000/- from the applicant has been falsely planted, of which there is no independent witness; that it is highly improbable that at the time of obtaining the delivery of Rs.3 lacs, as alleged by prosecution, a person, who has been authorized to obtain delivery by the gang leader Mukeem Kala would have taken out any amount, out of the amount so paid by first informant; that the applicant has no concern with Mukeen Kala, the named accused; that the case of applicant is distinguishable from named accused Mukeem Kala; that the recovery of firearm has also been falsely planted on the applicant; that in trial the charges have been framed on 01.10.2015 but after lapse of a period of one year, not even a single prosecution witness has been examined; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 09.06.2015.
Learned A.G.A oppose the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant - Irfan alias Bhoora be released on bail in Case Crime No. 211 of 2015, under Section 386 I.P.C, Police Station - Gangoh, District - Saharanpur, on furnishing a personal bond and two sureties (one local) each in the like amount to the satisfaction of the magistrate / court concerned subject to following conditions:-
i. The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.
ii. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii. The applicant will not indulge in any unlawful activities.
iv. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 03.10.2016.
Vinod.
