Firoz Khan vs State Of U.P.
2021 Latest Caselaw 4082 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 33
 
Case :- BAIL No. - 4860 of 2020
 
Applicant :- Firoz Khan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ashish Raman Mishra
 
Counsel for Opposite Party :- Govt. Advocate,Santosh Kumar Tripathi
 

 
Hon'ble Virendra Kumar Srivastava,J.

The instant application has been filed for bail of Firoz Khan, involved in Case Crime No.63 of 2020, under Sections 376, 500, 501, 120-B IPC., and Section 66 of IT Act, Police Station Kotwali Nanpara, District Bahraich.

Heard learned counsel for applicant, learned AGA for the State, learned counsel for informant and perused the record.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated due to dispute arose between agreement of marriage of the applicant with prosecutrix. Learned counsel further submits that the applicant had love affair with the prosecutrix, who was aged more than 18 years but false report was lodged since marriage between them could not be settled. Learned counsel further submits that now family members of both the prosecutrix as well as applicant have settled their dispute and agreed to solemnise the marriage of applicant with the prosecutrix. Learned counsel further submits that since the applicant is languishing in jail as such marriage with the prosecutirx is not being solemenised. Learned counsel for the applicant further submits that the applicant is a law abiding person, languishing in jail since 01.02.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.

Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant.

Learned counsel for informant submits that both the parties have settled their disputes and marriage of the applicant is to be solemnised with the prosecutrix.

Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.

The application for bail is allowed.

Let the applicant Firoz Khan involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

i. The applicant shall not tamper with the prosecution evidence.

ii. The applicant shall not threaten or harass the prosecution witness.

iii. 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.

iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

v. 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 CrPC (iv) argument / judgment.

vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

Order Date :- 19.3.2021

P.s.