Faizan & Anr. vs The State Of U.P.
2019 Latest Caselaw 6077 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6550 of 2019
 

 
Applicant :- Faizan & Anr.
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Firoz Ahmad Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicants in Case Crime No.273 of 2019 under Sections 399, 402, 419, 420, 467, 468 and 471 I.P.C, Police Station-Mohanlalganj, District Lucknow, with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicants are that the applicants are innocent person and have been falsely implicated in the case, they are having no previous criminal history and in jail since 01.06.2019. It is further submitted on behalf of applicants that on the basis of false recovery memo prepared by Shri Sachin Kumar Singh, the FIR No.273 of 2019, under Sections 399, 402, 419, 420, 467, 468 and 471 I.P.C. Police Station Mohanlalganj District Lucknow was registered and the allegation is levelled against the applicants, merely on the basis of confessional statements of co-accused. Learned counsel for the applicant has further submitted that the applicant No.1 is a driver and applicant No.2 is a cleaner. Learned counsel for the applicants has further submitted that the applicant No.1 is driving the Vehicle No.U.P.78FN8424 and they were coming to Lucknow for the purpose of transportation upon the instruction of the owner. In these circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail.

Let applicant -Faizen and Jeeshan- be released on bail in Case Crime No.273 of 2019, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 9.7.2019

Amit/-