Allowed

Furkan v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Civil Sectt. Lko and 3 Others

Allahabad HC4 Jun 2024BAIL/671/2024

Case brief

AI extract

What is this about?

The Court granted bail to the applicant who had been in jail since September 2023 after bail was cancelled due to a subsequent FIR. The Court imposed standard conditions regarding court attendance and non-interference with evidence or witnesses.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to conditions.

Furkan vs State of U.P. Thru. Prin. Secy. Home Govt. U.P… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65610

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 671 of 2024

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Applicant :- Furkan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. U.P. Civil Sectt. Lko And 3 Others Counsel for Applicant :- Chandra Bhushan,Manvendra Verma,Raghvendra Singh,Vinay Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. None appears for the complainant.

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2. Learned counsel for the applicant submits that the applicant was initially enlarged on bail in case crime No.376 of 2023 under sections 354, 323, 504 I.P.C., 7/8 POCSO Act, 3(1)w(i), 3(1)da, 3(1)dha SC/ST Act. However, due to malicious first information report lodged vide crime No.414 of 2023 under sections 294, 506 I.P/C. and 67 I.T. Act, his bail was cancelled by Special Court. It is submitted that the applicant has been falsely implicated only for the sake of compensation. The offence is punishable upto seven years. The applicant is in jail since 26.9.2023. On behalf of the applicant, it has been undertaken that he will not violate terms of bail this time.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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3. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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4. Considering the facts and circumstances of the case, the

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undertaking given on behalf of the applicant that he will not violate terms of bail, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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5. Let the applicant Furkan, involved in Case Crime No.376 of 2023 under sections 354, 323, 504 I.P.C., 7/8 POCSO Act, 3(1)w(i), 3(1)da, 3(1)dha SC/ST Act, P.s. Ramkot, district Sitapur 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 with the following conditions which are being imposed in the interest of justice:-

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 officer or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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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6. The application is allowed accordingly.

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Order Date :- 21.9.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Furkan v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Furkan v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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