Criminal Misc. Bail Application where the applicant, un-named in the FIR, applied for bail challenging his implication in offences against the nation. The court granted bail after considering the nature of offences and lack of fixation risk.
Released on bail under personal bond and two sureties with conditions against tampering and intimidating witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47672 of 2018
Applicant :- Fajalurrhman Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Warish Khan Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J .
Counter affidavit filed today by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that he is not named in the F.I.R. His name came into light during investigation. No offence is made out under Sections 124-A, 153-B I.P.C.. The applicant is a Principal of Madarsa. He also submits that alleged video is incomplete and edited. He always respect National Anthem and His Nation. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 17.8.2018.
Learned A.G.A. opposed the bail prayer and submitted that it is an offence against the Nation. The applicant is not entitled for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Fajalurrhman involved in Case Crime No. 195 of 2018, under Sections 124-A, 153-B, 120-B I.P.C., 2/3 of the Prevention of Insults to National Honour Act, 1971 and Section 7 of the Criminal Law Amendment Act., P.S. Kolhui, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
O rder Date :- 24.4.2019
A. Pt. Singh
1 issue framed by the court
Whether bail should be granted to the applicant charged under Sections 124-A, 153-B IPC and the Prevention of Insults to National Honour Act, 1971.
3 provisions across 3 enactments
Fajalurrhman
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
