Faim v. State of U.P.
Case brief
What is this about?
Bail granted; cross version of incident; both sides injured; Faim v. State of U.P.; Case Crime No.164/2020; Sections 147, 148, 149, 323, 308, 325, 506 IPC; P.S. Thana Bhawan, District Shamli; custody since 18.4.2022; maximum sentence under Section 308 IPC stated as 7 years (counsel's submission); bail conditions including Section 229-A IPC, Section 82 Cr.P.C. proclamation, Section 174-A IPC, Section 313 Cr.P.C.; Allahabad High Court; Chandra Kumar Rai, J.; Criminal Misc. Bail Application No. 20170 of 2022; order dated 24.5.2022.
What did the court decide?
Release of applicant-Faim on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with conditions: (i) undertaking not to seek adjournment on dates fixed for evidence when witnesses are present, failing which the trial court may treat it as abuse of liberty of bail; (ii) presence before the trial court on each date fixed, personally or through counsel, failing which proceedings may lie under Section 229-A IPC; (iii) if liberty is misused and proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear, proceedings under Section 174-A IPC; (iv) personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C., deliberate absence being treated as abuse of liberty of bail.