Allowed

Mohd Faiz v. State of U.P.

Allahabad HC23 Mar 2023BAIL/53807/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 53807 of 2022, the Allahabad High Court granted bail to Mohd Faiz, accused under Sections 420 and 406 IPC. The court held that despite the severity of punishment, reasonable apprehension of witness tampering was established, entitling the applicant to bail.

What did the court decide?

Applicant Mohd Faiz released on bail on furnishing personal bond with two sureties subject to conditions regarding court appearances and no abuse of liberty.

Mohd Faiz Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53807 of 2022

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Applicant :- Mohd Faiz Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej,Venu Gopal Counsel for Opposite Party :- G.A.,Mohammad Alam,Parvez Ahmad Khan

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed today is taken on record.

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

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It is contended by the learned counsel for applicant that applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the entire allegation is false and fake. The applicant has committed no fraud. It is next contended that the applicant has not taken any amount directly or indirectly from the victim/complainant nor any transaction has been made in the account of the applicant. The applicant and his family member has falsely been roped in the present case only being the partner of co-accused. The main role has been attributed to the co-accused. It is next contended that the applicant is only 22 years old boy. The applicant has no criminal history. The applicant is languishing in jail since 24.8.2022. It is lastly contended that in case the applicant is released on bail, he shall not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail in this case.

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Accordingly, the bail application is allowed .

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Let the applicant Mohd Faiz involved in Case Crime No. 750 of 2022, under Section 420 and 406 I.P.C., Police Station Baradari,

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District Bareilly be released on bail on his furnishing a personal bond with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he 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.

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(ii) 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.

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(iii) 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. 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.

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(iv) 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.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the court below concerned shall conclude the trial as expeditiously as possible, preferably within a period of six months without granting any unnecessary adjournments to either of the parties.

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Order Date :- 23.3.2023 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Mohd Faiz v. State of U.P.

Case brief

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Mohd Faiz v. State of U.P.

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