Allahabad High Court
Mohammad Gufran vs State Of U.P. & Anr. on 9 July, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 6549 of 2019
Applicant :- Mohammad Gufran
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Priyavrat Tripathi,Anup Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.37 of 2019 under Sections 379 and 411 I.P.C, Police Station- Fatanpur, District Pratapgarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 03.04.2019. It is further submitted on behalf of applicant that the alleged vehicle was stolen by the applicant and on the basis of stolen vehicle, the FIR No.37 of 2019 under Sections 379 and 411 I.P.C, Police Station- Fatanpur, District Pratapgarh was registered. Learned counsel for the applicant has further submitted that the alleged vehicle was recovered in the jurisdiction of Police Station Daraganj, District Allahabad. Therefore, the FIR No.162 of 2019, under Sections 401, 411, 413, 414, 419, 420, 467, 468 and 471 I.P.C. Police Station Daraganj, District Allahabad, on the basis of recovery memo. Learned counsel for the applicant has further submitted that in the Second FIR, he has been enlarged on bail by this Hon'ble Court vide order dated 28.05.2019 in Misc. Bail Application No.20050 of 2019. Learned counsel for the applicant has further submitted that the applicant was a driver of the vehicle in question and he was taking meals at the Dhaba, in the meantime, the vehicle was stolen and he informed to the owner, but he has been falsely implicated. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Mohammad Gufran- be released on bail in Case Crime No.37 of 2019, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 9.7.2019
Amit/-
