Allowed

Fida Husain v. State of U.P.

Allahabad HC9 Feb 2021BAIL/2882/2021

Case brief

AI extract

What is this about?

This bail application by Fida Husain in Case Crime No.1345 of 2020 relating to dowry-related violence was allowed. The single judge ordered his release on bail subject to personal bond and two local sureties alongside specific conditions to prevent tampering with evidence and ensure appearance at trial dates.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two local sureties each of a like amount.

Fida Husain Vs State of U.P. — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2882 of 2021

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Applicant :- Fida Husain Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah,Rizwan Ahmad Counsel for Opposite Party :- G.A.,Irshad Ahmad

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as Sri S.D.Shukla, learned counsel for the informant and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1345 of 2020, under Section 342, 394, 120B, 109 IPC, P.S. Majhola, District Moradabad.

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Learned counsel for the applicant submits that as per FIR, incident was caused by two named and two unknown persons. He further submits that name of Mohd. Faeem surfaced during investigation and from his possession recovery was also made has been enlarged on bail on 03.02.2021 in Criminal Misc. Bail Application No.6533 of 2021. He also submits that the applicant is husband of the informant and is living separately from the informant and applicant has been falsely implicated in the present case. He next submits that as per recovery memo, no recovery has been made from the possession of the applicant and it is not clear who caused injury to the informant during course of loot. He next submits that being husband of the informant he has been falsely implicated in this case. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 23.11.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspect.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Fida Hussain involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local

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sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(ii The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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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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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.

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Order Date :- 9.2.2021 MAA/-

Fida Husain v. State of U.P.

Case brief

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Fida Husain v. State of U.P.

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