Allowed

Faizan v. State of U.P.

Allahabad HC23 Feb 2023BAIL/6736/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant accused in a criminal case involving Sections 147, 148, 452, 307, 504 IPC. The court noted the matrimonial nature of the dispute, allegations of false implication, and bail for co-accused while imposing standard conditions.

What did the court decide?

Applicant Faizan is released on bail on furnishing a personal bond and two sureties on each to the satisfaction of the court concerned.

Faizan Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6736 of 2023

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Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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

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This bail application has been filed by the accusedapplicant for releasing him on bail in Case Crime No.321 of 2022, under Sections 147, 148, 452, 307, 504 IPC at Police Station - Roravar, District - Aligarh.

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It has been contended by Counsel for the applicant that accused-applicant has been falsely implicated in the present case. The dispute is of matrimonial in nature and applicant is the brother-in-law of the first informant - Salman. Learned counsel submitted that in the First Information Report, it is the Sobi, who has been assigned role of assaulting with sword and other accused have been given a general role. No specific weapon has been assigned to the applicant. It has been further contended that co-accused Shakeel and Yaseen have been released on bail by this Court, vide order dated 14.12.2022 passed in Criminal Misc. Bail Application No.57113 of 2022. Copy of the bail order has been supplied today by learned counsel for the applicant in the Court, which is taken on record. It is lastly submitted that there are no chances of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. Applicant is languishing in jail since 28.7.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, learned A.G.A. has opposed the prayer of bail and contended that two persons have ben received injury by the sharp edged weapon. However, he could not dispute the fact that other co-accused namely Shakeel and Yaseen have been granted bail by this Court.

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Considering the entire facts and circumstances of the case, submissions advanced by learned counsel for the parties and without expressing any opinion on merits of

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the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicants - Faizan in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 23.2.2023 Rishabh

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[Manish Kumar Nigam, J.]

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Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad

Faizan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faizan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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