Allowed

Faijan Hasan v. State of U.P.

Allahabad HC11 Oct 2022BAIL/41415/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Faijan Hasan in a case alleging attack on police with petrol bomb and stones. Bench noted co-accused released on bail and granted relief without expressing opinion on merits due to case nature and parity.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties of like amount subject to conditions regarding presence in court and abstention from disturbing evidence.

Faijan Hasan Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41415 of 2022

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Applicant :- Faijan Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu,Amit Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,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.42 of 2022, under Sections 147, 148, 149, 153, 307, 323, 332, 333, 336, 353, 427, 504, 506, 120-B, 109, 34, 327, 153-A IPC and Section 7 of Criminal Law Amendment Act and Section 3/4 Prevention of Damage to Public Property Act, Police Station- Beconganj, DistrictKanpur Nagar.

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As per the prosecution story, allegation upon the applicant, who is a vendor of vegetable, is that he has attacked upon the police party with petrol bomb and stones.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is submitted that the applicant has been assigned only general role. It is submitted that the applicant has no previous criminal history and also no recovery has been made from his possession. It is further submitted that the co-accused persons namely Seraj Hussain, Farhan Kalia and Mohammad Amir have already been enlarged on bail by another Co-ordinate Bench of this Court vide orders dated 11.08.2022, 18.08.2022 and 06.09.2022, respectively in Criminal Misc. Bail Application No.332765 of 2022, 32488 of 2022 and 32445 of 2022 respectively. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 21.06.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.

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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 keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Faijan Hasan be released on bail in the aforesaid Case Crime Number on his 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 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 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 misuse 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 fail 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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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 :- 11.10.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.12 09:32:41 IST Reason: Location: High Court of Judicature at Allahabad

Faijan Hasan v. State of U.P.

Case brief

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Faijan Hasan v. State of U.P.

Case brief

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