Allowed

Furkan v. State of U.P.

Allahabad HC27 Jan 2025CRLA/8682/2024

Case brief

AI extract

What is this about?

Applicant convicted for offences under Sections 366 and 376 IPC sought bail pending appeal. The court noted he was on bail during trial without misuse and that the appeal could not conclude soon. The appeal was admitted and the bail application allowed with conditions.

What did the court decide?

Appellant released on bail pending appeal on personal bond of Rs. 25,000/- with two sureties of like amount, subject to conditions including deposit of fine within three months.

Furkan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 8682 of 2024

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Appellant :- Furkan Respondent :- State of U.P. Counsel for Appellant :- Bharat Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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(Order on Appeal)

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Heard.

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It is evident from the record that notice has already been served on the private respondent, but no one has put in appearance on his behalf today.

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Admit.

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List on turn.

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(Order on C.M.A./01/2024)

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

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This bail application has been filed by the appellant with a prayer to enlarge him on bail in Case Crime No. 252 of 2017 u/s 366, 376 I.P.C., Police Station- Islamnagar, DistrictBadaun.

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Learned counsel for the appellant submits that appellant was falsely implicated in the present case as family members of the victim were willing to solemnise her marriage with the appellant, but the appellant denied for the same, hence, false compliant was made to the police against him. Thereafter, the issue was resolved between the parties in writing with the averment that they will not initiate any proceeding. He next submits that despite the said settlement, a compliant was made, on which, the F.I.R. of the case in question was lodged, in pursuance thereof, charge-sheet was submitted by the Investigating Officer without considering the evidence provided by the appellant. He also submits that trial was concluded and three witnesses were produced by the appellant, but learned trial Court committed error in appreciation of all the evidence and convicted the appellant in the most hasty and arbitrary manner. He lastly submits that the appellant was on bail during the

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course of trial, but he never misused the liberty of bail and as there is no possibility of conclusion of appeal in near future, the appellant may be enlarged on bail.

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Learned A.G.A. opposes the prayer for bail and submits that learned trial Court considered all the evidence properly. However, he is unable to show proper appreciation of the evidence of the prosecution in the said judgement. He does not dispute the fact the appellant was on bail during the course of trial.

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Having heard the submissions made by learned counsel for the parties and perused the material brought on record, it is evident that the appellant was on bail during the course of trial, but he never misused the liberty of bail. Therefore, the appellant is entitled to be released on bail during the pendency of criminal appeal before this Court.

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Hence, prima facie, case for bail is made out, at this stage.

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Accordingly, the application for bail is allowed .

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Let the appellant- Furkan involved in aforesaid case be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties in the like amount subject to following conditions:-

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(i) The fine shall be deposited within three months from the date of release of the appellant.

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(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.

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(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the trial court concerned to be kept on record of this appeal.

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Order Date :- 27.1.2025 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad

Furkan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Furkan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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