This court allowed the bail application of Faijan Alias Fajju in a criminal case involving Sections 307 and 506 IPC. The court considered arguments regarding false implication, lack of identification parade, and parity with co-accused.
Released on bail on furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57533 of 2022
Applicant :- Faijan Alias Fajju Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 08 of 2022, under Sections 307, 506, 325/34 of IPC, P.S.Rampur Maniharan, District- Saharanpur during pendency of the trial.
It is argued by learned counsel for the applicant that the applicant is falsely implicated in the present case on account of extra-judicial confessional statement of one Babar of village, applicant is implicated. No identification parade has been done. Learned counsel for the applicant next argued that co-accused Shoeb and Tasavvar has been granted bail by this Court. The applicant has one criminal history. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 12.01.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Faijan alias Fajju , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned subject to following conditions.
Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.1.2023 Rama Kant
Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the case of bail is made out keeping in view the nature of offence, evidence, and complicity of accused without expressing any opinion on merits.
Colour shows how this judgement treated each authority
Satendra Kumar AntilReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Faijan Alias Fajju
Deepak Verma
Rama Kant
As recorded by the court registry
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