Allowed

Fairan Singh v. State of U.P.

Allahabad HC10 Oct 2022BAIL/37740/2022

Case brief

AI extract

What is this about?

Hon'ble High Court of Judicature at Allahabad granted bail to the applicant, Fairan Singh, in a criminal case under sections 323, 504, 506 and 308 IPC. The court observed it was a fit case for bail and imposed specific conditions for the applicant's release.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two reliable sureties each of like amount to the satisfaction of the court concerned.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37740 of 2022

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Applicant :- Fairan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 196 of 2022 , under Sections 323, 504, 506 & 308 IPC, Police Station- Khandoli , District - Agra.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that as a result of present dispute between the parties, cross FIRs have been lodged by the parties; the dispute both the parties have sustained injuries; Section 308 IPC has been added later on in order to harass the applicant; the injuries sustained by the victim are simple in nature; in X-ray of injured Sheela Devi no fracture has been found, however in her C.T. Scan report it is stated that "linear fracture is noted in lateral wall of left orbit". There is no supplementary report with effect that the said injury is dangerous to life; the applicant has no criminal history. The case of applicant is at par with the case of co-accused Yogendra Singh, who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 13.9.2022 in Criminal Misc. Bail Application No. 36911 of 2022 (Yogendra Singh vs. State of U.P).). It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 20.7.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it

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to be a fit case for granting bail.

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Let applicant namely Fairan Singh be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that 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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, 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 the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 10.10.2022 Kamarjahan

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Digitally signed by KAMARJAHAN ANSARI Date: 2022.10.11 15:58:19 IST Reason: Location: High Court of Judicature at Allahabad

Fairan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fairan Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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