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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 12841 of 2021
Applicant :- Faizan Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna
Counsel for Opposite Party :- G.A.,Dhiraj Singh
Hon’ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, Sri Sanjeev Kumar Pandey, Advocate holding brief of Sri Dhiraj Singh, learned counsel for the informant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that in the F.I.R. there is vague allegation against the applicant. It is next submitted that there is allegation of Section 377 I.P.C. which prima facie appears to be incorrect by perusal of F.I.R. itself. It is next submitted that in the first statement of the victim, there is no allegation of 377 I.P.C. and it is only stated in the statement recorded under Section 164 Cr.P.C. It is also submitted that F.I.R. has been lodged against all family members i.e. applicant, his mother, father, brother and sister with vague allegation. It is next submitted that all the allegations made in the F.I.R. are false and frivolous. Applicant has no criminal history and he is in jail since 11.12.2020, undertakes that he will not misuse the liberty, if granted.
Learned counsel for the informant and learned A.G.A. has vehemently opposed the prayer for bail, but could not dispute that the F.I.R. has been lodged against all the family members with vague allegation.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Faizan Ahmad, involved in Case Crime No. 941 of 2020, under Sections- 498A, 377 I.P.C. and 3/4 D.P. Act, Police Station- Nawabganj, District Prayagraj, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.7.2021