Allowed

Fekan @ Suresh v. State of U.P.

Allahabad HC10 Jul 2023BAIL/27130/2021

Case brief

AI extract

What is this about?

The court disposed of a bail application filed by Fekan alias Suresh under various sections of the IPC. Considering parity, slow trial pace, and absence of evidence suggesting tampering or fleeing, the High Court granted bail.

What did the court decide?

The applicant shall be released on bail on furnishing a personal bond and two heavy sureties subject to various conditions regarding attendance and cooperation.

Fekan @ Suresh Vs State of U.P. — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135711

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27130 of 2021

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Applicant :- Fekan @ Suresh Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.,Rakesh Chandra

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.

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Learned counsel for the applicant submits that general role has been assigned to all the accused persons. He further submits that similarly situated co-accused persons namely, Bhonu @ Manoj has already been enlarged bail by co-ordinate Bench of this Court vide order dated 19.04.2023 passed in Criminal Misc. Bail Application No. 40664 of 2022, copy of which order has been produced before this Court and is taken on record. It is thus contended that the applicant is entitled for bail on the ground of parity. He further submits that trial is progressing at a slow pace and has relied upon the judgment rendered by Hon'ble the Supreme Court in the case of Indrani Pratim Mukerjea Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No. 1627 of 2022 to submit that prolonged incarceration of a person as an under trial is against his fundamental rights under Article 21 of the Constitution of India. It is submitted that there is no occasion now for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 01.05.2021 having no criminal history.

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Per contra, learned A.G.A. as well as learned counsel for the

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informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicant with regard to parity.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Fekan @ Suresh , be released on bail in Case Crime No.190 of 2021 under Sections 304, 323, 504, 506 I.P.C., Police Station Robertsganj, District Sonbhadra, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 whatsoever.

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ii) The applicant will abide the orders of 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If

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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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by 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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The bail application is allowed.

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Order Date :- 10.7.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Fekan @ Suresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fekan @ Suresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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