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Allahabad High Court
Faiyyaj vs State Of Up And 3 Others on 22 February, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:32692
Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 5328 of 2024
Applicant :- Faiyyaj
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Ashish Kumar,Vinod Kumar Kushwaha
Counsel for Opposite Party :- G.A.
Hon’ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. It is submitted by learned counsel for applicant that applicant has been falsely implicated in the present case. The victim himself recorded his statement during the trial wherein he denied with regard to any instance narrated in the FIR. The applicant is innocent having no criminal history. Applicant is languishing in jail since 05.07.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
3. Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case.
4. Considering the facts that applicant has no criminal history which has been ascertained by learned AGA also, victim himself recorded his statement during trial wherein he denied with regard to any instance narrated in the FIR, nature of offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
5. Let the applicant- Faiyyaj involved in Session Trial No. 1209 of 2023, Case Crime No. 470 of 2023, under Sections 377 IPC 5(m)/6 Protection of Children Sexual Offences Act, 2012, Police Station Tilhar, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. 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.
v. 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.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
6. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.2.2024
Shaswat
