Allowed

Fakhruddin and Another v. State of U.P.

Allahabad HC13 Jan 2023BAIL/4391/2022

Case brief

AI extract

What is this about?

Hon'ble Dr. Gautam Chowdhary allowed bail for two applicants charged with offences under Sections 147, 148, 149, 302, 307, 34 IPC. The court noted that one co-accused was already on bail and there was no likelihood of tampering with evidence. Standard bail conditions were imposed, including prohibition of evidence tampering, attending court regularly, and not seeking undue adjournments.

What did the court decide?

The applicants were released on bail subject to a personal bond, two heavy sureties, and fifteen specific conditions to ensure trial compliance and prevent evidence tampering.

Fakhruddin and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4391 of 2022

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Applicant :- Fakhruddin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.,Mohd. Afzal

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Hon'ble Dr. Gautam Chowdhary,J.

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

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At the very outset, learned counsel for the applicant submits that he has informed the learned counsel for the informant about the hearing of the present matter in written and the receiving thereof is taken on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Fakhruddin @ Guddu and Najim , seeking enlargement on bail during trial in connection with Case Crime No. 541 of 2021, under Sections 147, 148, 149, 302, 307, 34 I.P.C., registered at P.S.- Kasganj, District- Kasganj.

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The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Next argued that incident in question has taken place with the Hasim @ Malooka who has made the comment to the daughter of informant on 27.09.2021 and applicants have no concern to the aforesaid person and they have falsely been implicated in this case due to local politics. It is next argued that there is no recovery neither from the applicants nor on the pointing out of the applicants. It is further submitted that co-accused namely Makhdoom has already been enlarged on bail by this Court vide order dated 18.11.2022 passed in Criminal Misc. Bail Application No.31100 of 2022. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. It is further contended by learned counsel for the applicants that the applicants are languishing in jail since 06.10.2021 having no criminal history.

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Per contra, learned AGA opposed the prayer for bail however he could not dispute the fact that co-accused has already been enlarged on bail.

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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 and also coupled with the fact coaccused has already been enlarged on bail, this Court is of the view that the applicants may be enlarged on bail.

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Let the applicants- Fakhruddin @ Guddu and Najim , be released on bail in the aforesaid case crime number 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 applicants 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 applicants 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 applicants shall file an undertaking to the effect that they will 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 applicants will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(V) The applicants 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 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

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liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229A 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 :- 13.1.2023 Sachin/-

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Fakhruddin and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fakhruddin and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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