Allahabad High Court
Abdul Gafoor & Another vs State Of U.P. on 3 September, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 32 Case :- BAIL No. - 6161 of 2020 Applicant :- Abdul Gafoor & Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Mishra,Atul Kumar Chauhan,Pravin Kumar Ahirvar Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for applicants as well as learned Additional Government Advocate for the State through video conferencing and perused the record.
This bail application has been moved by the accused/applicants Abdul Gafoor and Mohd.Firoz for grant of bail, in Case Crime No.093 of 2020, under Sections 419,420 I.P.C. & Sections 60,63 of Copy Right Act, Police Station Khargupur, District Gonda.
Learned counsel for applicant while pressing the bail application submits that the applicants have falsely been implicated in this case and no offence as claimed by the prosecution has been committed by them.
It is further submitted that false recovery has been shown by the police party and nothing as claimed by the prosecution has been recovered from the possession of the applicants.
It is further submitted that charge sheet in the matter has already been submitted and the offences levelled against the applicants are triable by the Magistrate and there is no apprehension that after being released on bail they will flee from the course of law or may otherwise misuse the liberty of bail and having regard to the fact that applicants are in jail since 27.6.2020 and due to spread of Covid-19 pandemic the applicants may kindly be released on bail.
Learned A.G.A, however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence but could not confront the other factual submissions made by learned counsel for applicants.
Having regard to all the circumstances and keeping in view the nature of offence, evidence in support of accusation, complicity of accused, without expressing any opinion on the merits of the case, I am of the considered view that the applicants have made out a case for bail. The bail application is thus allowed.
Let the accused-applicant/Abdul Gafoor and Mohd.Firoz involved in aforesaid case be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(iv) The applicants may file computer generated copy of this order, self attested by their counsel, which may be downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official before accepting such computerized copy as genuine shall verify the authenticity of the order from the official website of High Court Allahabad and also keep in mind following directions issued by a Division Bench of this Court vide order dated 06.04.2020 passed in Suo Moto PIL 564 of 2020, a copy of which has already been communicated to all the Courts below:-
"we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lock-down may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
(vi) Office is also directed to send a computerized copy of this order to the District Judge Concerned through email or fax as the case may be, forthwith.
Observations made by this Court herein above are only for the purpose of disposal of this bail application and will not having any bearing on the final outcome of the case.
Order Date :- 3.9.2020 Irfan