Allowed

Faizu @ Seebu v. State of U.P.

Allahabad HC9 Jun 2023BAIL/25125/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Single Judge held it a fit case to grant bail to the applicant, Faizu @ Seebu, in a murder case involving implication through a co-accused's statement, issuing a personal bond and two sureties on standard conditions.

What did the court decide?

Bail granted in Case Crime No. 229 of 2022 on personal bond and two sureties under Section 302 IPC.

Faizu @ Seebu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:125966

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25125 of 2023

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Applicant :- Faizu @ Seebu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant was not named in the first information report and his name surfaced in the confessional statement of co-accused namely Riyaz @ Lambu. There is no eye witness of the alleged incident and nothing incriminating article had been recovered from the possession of the applicant. The applicant has explained his criminal history in paragrpah no. 13 to the affidavit filed along with bail application. There is no possibility 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. The applicant is in jail since 26.11.2022.

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Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid facts.

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Considering the submissions of learned counsel for the parties, from perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed .

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Let the applicant Faizu @ Seebu be released on bail in Case Crime No. 229 of 2022, under Section 302 I.P.C., registered at Police Station Jaitpura, District Varanasi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner

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whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 9.6.2023 sailesh

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

Faizu @ Seebu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faizu @ Seebu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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