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Gulfan @ Gulfam v. State Of U.p

Gulfan @ Gulfam v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 55002 of 2023 | 30-01-2024

Deepak Verma, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.563 of 2023, registered under Sections 376, 323, 594 I.P.C., Police Station Kotwali Sikandrarao, District Hathras during pendency of the trial.

3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Statement of the victim recorded under sections 161 & 164 Cr.P.C. are self contradictory. Medical examination report is also not supporting the prosecution case. Relation between the applicant and victim appears to be consensual. Victim has lodged FIR only to harass the applicant. Applicant has no criminal history. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 15.09.2023.

4. Per contra, learned A.G.A. opposed the bail prayer of the applicant.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.

6. Let the applicant- Gulfan @ Gulfam, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-

"1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

4. The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law."

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Advocate List

  • Sanjay Vikram Singh,Parth Sharma

  • G.A.

Bench
  • HON'BLE MR. JUSTICE DEEPAK VERMA
Eq Citations
  • 2024/AHC/14523
  • LQ/AllHC/2024/696
Head Note

- Applicant Gulfan @ Gulfam seeks bail in Case Crime No. 563 of 2023, registered under Sections 376, 323, 594 IPC at Kotwali Sikandrarao Police Station, Hathras. - Prosecution alleges rape (Section 376 IPC), causing hurt (Section 323 IPC), and intentionally giving false information with intent to cause public servant to use his lawful power to the injury of another person (Section 194 IPC). - Applicant claims innocence, consensual relations with the victim, and contradictory statements by the victim in her statements recorded under Sections 161 and 164 of the Code of Criminal Procedure (CrPC). - Medical examination report is not supportive of the prosecution's case. - No criminal history of the applicant. - Overcrowded court docket suggests a lengthy trial. - No risk of absconding or witness tampering. - Applicant incarcerated since September 15, 2023. - Bail granted subject to furnishing a personal bond and two sureties of like amount. - Conditions imposed include not tampering with prosecution evidence, sincere cooperation in the trial without seeking adjournments, refraining from criminal activity, and regular attendance in court. - Breach of any condition will lead to cancellation of bail.