Allowed

Faisal and Another v. State of U.P.

Allahabad HC22 Dec 2022BAIL/57406/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Faisal and Shahzad in Case Crime No. 429 of 2022 under Section 136 of the Electricity Act and Sections 411, 427 IPC. The court released them on bail with conditions regarding court appearances and obtaining warrants on default.

What did the court decide?

Release of applicants on personal bond and two local sureties each of like amount subject to several conditions regarding court appearances and prohibitions on seeking adjournments.

Faisal and Another Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57406 of 2022

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Applicant :- Faisal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Punit Kumar Gupta,Virendra Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, Sri Baleshwar Chaturvedi, learned counsel for the complainant and learned A.G.A. for the State.

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The present bail application has been filed by the applicant- Faisal and Shahzad with a prayer to enlarge them on bail in Case Crime No. 429 of 2022, under Section 136 of Electricity Act and Sections 411, 427 I.P.C., Police Station- Syana, District- Bulandshahar, during the pendency of the trial.

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It has been argued by the learned counsel for the applicants that the applicants have been falsely implicated in the present case for the purpose of harassment. He further submits that applicants are not named in the first information report. Only on the basis of confessional statements the applicants have been dragged in the present case. Such confessional statements given before the police has no evidentiary value as per sections 25 and 26 of the Indian Evidence Act. There is no independent or public witness to prove the alleged recovery. It is also submitted that co-accused Daulat and Mohd. Javed Tyagi have already been enlarged on bail by the coordinate Benches of this Court vide orders dated 13.12.2022 and 14.12.2022 passed in Criminal Misc. Bail Application Nos. 55675 of 2022 and 57126 of 2022 and the applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted that criminal history of the applicants have been explained in para- 20 of the affidavit filed in support of bail application. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 18.11.2022.

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Per contra, Sri Baleshwar Chaturvedi, learned counsel for the complainant as well as learned A.G.A. have opposed the bail prayer of the applicants but they could not dispute the factual submissions as urged by the learned counsel for the applicants.

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Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants are 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 them in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 22.12.2022 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Faisal and Another v. State of U.P.

Case brief

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Faisal and Another v. State of U.P.

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