Furkan vs. State Of U.P.
Held
The Court held that the applicant is entitled to bail. The reasoning was based on the applicant's prior enlargement on bail and his current willingness to cooperate with the trial, coupled with his period of custody since September 18, 2023. The Court found the undertaking to cooperate sufficient. The Court directed that the applicant, Furkan, be released on bail subject to furnishing a personal bond and two sureties of Rs. 30,000/- each. Conditions for bail included attending hearings, not committing similar offences, and not tampering with evidence or influencing witnesses. No issues were expressly left undecided.
Facts
The applicant, Furkan, sought bail in GST No. 976 of 2012, arising from Case Crime No. 565 of 2011 under Section 2/3 of the U.P. Gangster Act, P.S. Ramgarh, District Firozabad. The applicant was initially enlarged on bail in 2013. However, due to his absence from court while working as a labourer outside the city, non-bailable warrants were issued. The applicant has been in custody since September 18, 2023. His counsel stated that the applicant is willing to cooperate with the trial.
Key Issues
1. Whether the applicant is entitled to bail in light of his previous enlargement on bail and subsequent non-appearance leading to non-bailable warrants, given his current custody and willingness to cooperate with the trial? (Mixed question of law and fact) Arguments: Petitioner (Applicant): The applicant argued that he was previously enlarged on bail and his non-appearance was due to working outside the city. He is now in custody since September 18, 2023, and is ready to cooperate with the trial. The applicant contended that these factors warrant granting bail. Revenue (State): The learned AGA did not record any specific arguments against the bail application.
Sections Cited
Section 2, Section 3
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:208163 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45791 of 2023 Applicant :- Furkan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant seeks bail in GST No.976 of 2012 arising out of Case Crime No.565 of 2011 under section 2/3 U.P. Gangster Act, P.S. Ramgarh, District Firozabad.
It is submitted that the applicant was enlarged on bail in the year 2013, however, as the applicant was serving as labourer outside the City, he could not appear before the court, which resulted in issuance of non-bailable warrants. The applicant is in custody since 18.09.2023. The counsel for the applicant states that the applicant is ready and willing to cooperate with the trial.
In view of the said undertaking coupled with the fact that the applicant was on bail earlier, the applicant is entitled for the bail. Thus the bail application is allowed.
Let the applicant Furkan be released on bail in aforesaid first information report number subject to his furnishing
The judgment continues below.
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