Allowed

Farukh v. State of U.P.

Allahabad HC7 Jan 2019BAIL/11832/2015

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The Court granted bail to the applicant despite the gravity of the offence under the U.P. Gangster Act, noting the uncertainty regarding the trial's status. Strict conditions were imposed to ensure attendance.

What did the court decide?

Applicant released on bail furnishing a personal bond and two sureties subject to conditions including attendance at trial dates and prohibition of unnecessary adjournments.

Farukh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Chief Justice's Court

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11832 of 2015

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Applicant :- Farukh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- Govt.Advocate

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Hon'ble Govind Mathur,Chief Justice

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State-respondents.

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While pressing this application, learned counsel appearing on behalf of the applicant states that the applicant is facing trial for the offence under Section 2/3 of U.P. Gangster Act. He further states that the applicant is behind the bars for quite a substantial period and a chargesheet too has been filed in the matter.

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Learned Additional Government Advocate has vehemently opposed the prayer for bail by referring the gravity of offence.

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Considering the rival submissions and looking to the fact that the counsel appearing on behalf of the parties are also not in position to acquaint the Court as to whether the trial concerned is still in currency or already completed, I am inclined to grant this application for bail. Accordingly, the same is allowed.

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Let the applicant Farukh involved in Case Crime No. 507 of 2012, under Section 2/3 U.P. Gangster Act, P.S. Dadri, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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.

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Order Date :- 7.1.2019 Bhaskar

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(Govind Mathur, C.J.)

Farukh v. State of U.P.

Case brief

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Farukh v. State of U.P.

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