Allowed

Firoz v. State of U.P.

Allahabad HC30 May 2022BAIL/3303/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, this court granted bail to the applicant in a case under Sections 323, 307, and 34 IPC. The court observed false implication, non-grievous injury, and parity with an order freeing a co-accused, imposing strict conditions regarding trial attendance.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to conditions ensuring presence at trial dates and prohibiting abuse of liberty.

Firoz Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3303 of 2022

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Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Husain,Manu Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Manu Srivastava, learned counsel for applicant, learned A.G.A for the State and perused the record.

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Applicant- Firoz seeks bail in Case Crime No.372/2021, under Sections 323/307/34 IPC, P.S. Simbhawali, District Hapur.

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It is submitted that the applicant has been falsely implicated in the present case as a general role has been assigned against the accused persons. It is also submitted that the injury caused to the injured is not grievous in nature. Learned counsel for the applicant further claims parity with the order of this Court dated 19.5.2022, whereby co-accused Nausher, who was also assigned similar / identical qua the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No.17490/2022. It is finally submitted that the applicant claims to have no previous criminal history, is in jail since 10.10.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.

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Learned AGA has opposed the prayer for bail but could not dispute the claim on parity of the applicant.

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Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail. The bail application is allowed.

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Let the applicant involved in aforesaid case 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 which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he 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

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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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Order Date :- 30.5.2022 C.Prakash

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Digitally signed by CHANDRA PRAKASH Date: 2022.05.30 17:33:17 IST Reason: Location: High Court of Judicature at Allahabad

Firoz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Firoz v. State of U.P.

Case brief

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