Allowed

Faiz @ Faizuddin v. State of U.P.

Allahabad HC2 Dec 2020BAIL/39919/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Faiz @ Faizuddin in a rape and extortion case. Despite uninstructed arguments contradicting the FIR, the court granted bail relying on precedent without expressing an opinion on the merits, subject to standard bonds and conditions.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two local sureties.

Faiz @ Faizuddin Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39919 of 2020

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Applicant :- Faiz @ Faizuddin Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant-Faiz @ Faizuddin with a prayer to release him on bail in Case Crime No.442 of 2020, registered under Sections 376(2)(n), 323 and 504 I.P.C., Police Station Bithari Chainpur, District Bareilly during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive; the victim is a widow lady and as per F.I.R., the applicant on false promise of marriage, committed rape with the victim. The statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are contradictory with each other and not supporting the version of F.I.R. as well as medical report. As per medical report no case is made out under Sections 376 and 323 I.P.C; present F.I.R. has been lodged in retaliation when applicant refused to marry with the victim; the applicant has no previous criminal history. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 02.08.2020.

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Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid

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down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the applicant is entitled for bail. The bail application is allowed.

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Let the applicant- Faiz @ Faizuddin, who is involved in Case Crime No.442 of 2020, registered under Sections 376(2)(n), 323 and 504 I.P.C., Police Station Bithari Chainpur, District Bareilly, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present, in person, before the trial court on the dates fixed. 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.12.2020 Nitin Verma

Faiz @ Faizuddin v. State of U.P.

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Faiz @ Faizuddin v. State of U.P.

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