In a criminal miscellaneous bail application, the Allahabad High Court granted bail to the applicant despite the prosecution objecting, noting his long imprisonment and lack of flight risk.
Release on bail with personal bond and two local sureties subject to undertaking regarding appearance, cooperation, and non-tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10756 of 2023
Applicant :- Furshad Shaikh Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Tripathi,Aniruddha Ojha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.331 of 2014, under Section 274, 275 276, 419, 420 I.P.C., P.S. G.R.P. Cantt., District Varanasi.
Learned counsel for the applicant submits that for earning livelihood for the family he went other district and could not appear before the court below, therefore, N.B.W. was issued against the applicant. Learned counsel for the applicant further submits that the applicant undertakes to co-operate in the trial and he will not leave the district till the disposal of the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 11.11.2022.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, undertaking of applicant to co-operate in the trial and will not leave the district till conclusion of the trial, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Furshad Shaikh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall furnish undertaking that he will co-operate in trial and will not leave the district till conclusion of the trial and report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
(ii) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The 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.
(iii) 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.
(iv) In case, the applicant misuses the liberty of bail during the 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.
(v) 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.
Order Date :- 6.4.2023 Jitendra
Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering his undertaking to cooperate in the trial and not leave the district.
What conditions should be imposed on the applicant for granting bail.
4 provisions across 2 enactments
Furshad Shaikh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
