Allowed

Faizal v. State of U.P.

Allahabad HC19 Sept 2023BAIL/39584/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Faizal, in a criminal case under Sections 376D, 328, 354D, 342, 506, and 120B IPC. The court allowed the application without making observations on the merits of the case, based on arguments presented by the applicant's counsel.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in like amount on conditions not to tamper with evidence or influence witnesses and appearance in court.

Faizal Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:180919

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39584 of 2023

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Applicant :- Faizal Opposite Party :- State of U.P. Counsel for Applicant :- J.P. Pandey,Devesh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 620 of 2019 at Police Station- Sihani Gate, District- Ghaziabad, under Sections 376D, 328, 354D, 342, 506, 120B IPC. The applicant is in jail since 12.07.2023.

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The bail application of the applicant was rejected by the learned trial court on 18.08.2023.

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The following arguments made by Sri J.P. Pandey, learned counsel assisted by Sri Devesh Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:

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The delay in lodgment of the FIR is fatal to the prosecution case in the facts and circumstances of the case.

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The applicant and the victim were intimate.

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The FIR is a result of the relationship going awry.

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No incriminating video or photograph has been

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recovered from the applicant.

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The victim claims that she was being blackmailed for over past two years. She failed to raise an alarm. Her conduct shows that she was a consenting party.

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Medical evidence to corroborate commission of rape has not been produced by the prosecution.

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The FIR is being leveraged to extort money from the applicant.

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The applicant has explained his criminal history. It is contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The criminal cases do not depict commission of any heinous crime. The said cases do not have any bearing on the instant bail application.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Faizal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 19.9.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Faizal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faizal v. State of U.P.

Case brief

What is this about?

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