Single judge allowed bail to Faiz Ahmad in an FIR under Sections 409, 420, 467 IPC, primarily on grounds of parity with a similarly situated co-accused who was already released on bail.
Released on bail on furnishing personal bond and two reliable sureties subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:29461
Court No. - 8
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1339 of 2024
Applicant :- Faiz Ahmad Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. Counsel for Applicant :- Rajesh Kumar Pal,Bhoopal Singh,Pawan Kumar,Udai Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Thakur @ Abhishek Kumar Singh provided by the learned counsel for the applicant is taken on record.
(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(ii) 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 him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence.
(iii) The applicant shall file an undertaking to the effect that he shall 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.
(iv) 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 sufÏcient cause,
the trial court may proceed against him under Section 229A IPC.
(v) 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. may be issued and if 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 IPC.
(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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.
Order Date :- 10.4.2024 VKS
Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail is maintainable for the applicant on grounds of parity with a co-accused already enlarged on bail.
Whether the applicant is entitled to bail under Section 438 Cr.P.C. in a case involving Sections 409, 420, 467, 468, 471, 120-B I.P.C.
Colour shows how this judgement treated each authority
Order dated 01.03.2023 re Abhishek ThakurApplied¶8
Criminal Misc. Bail Application No. 12442 of 2022
Faiz Ahmad
Vivek Kumar Srivastava J.
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
