Allowed

Mohd. Faizan v. State of U.P.

Allahabad HC15 Nov 2019BAIL/49137/2019

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Mohd. Faizan in a criminal case involving Sections 394, 411, and 120-B IPC. The court granted bail subject to personal bond, sureties, and specific conditions regarding witness tampering and trial conduct.

What did the court decide?

Applicant enrolled on bail upon furnishing personal bond, two sureties, and an undertaking subject to specified conditions prohibiting tampering or missing court dates.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49137 of 2019

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Applicant :- Mohd. Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Supplementary affidavit filed today by learned counsel for applicant is taken on record.

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

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Accused-applicant, involved in Case Crime No. 461 of 2019, under Sections 394, 411 and 120-B IPC, Police Station Kasganj, District Kasganj, applied for bail.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; applicant is not named in the FIR; his name came into light during the investigation; alleged recovery of Rs. 50000/- shown by the Police from the possession of the accused applicants is false and fake. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let, applicant-Mohd. Faizan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, applicant shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 15.11.2019 Akram

Mohd. Faizan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Faizan v. State of U.P.

Case brief

What is this about?

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