Allahabad High Court
Dr. Faraz Shah vs State Of U.P. Thru. Prin. Secy. ... on 2 March, 2023
Bench: Attau Rahman Masoodi, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL APPEAL No. - 615 of 2022
Appellant :- Dr. Faraz Shah
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Anr.
Counsel for Appellant :- Indu Prakash Singh,Salil Shekhar Singh
Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the appellant and Shri S.N. Tilhari, learned counsel for the State-respondents.
This is an appeal filed on behalf of the appellant under Section 21 (4) of the National Investigation Agency Act, 2008 against the order dated 28.10.2021 passed by the Special Judge, NIA/ATS, Additional Sessions Judge-III, Lucknow rejecting the Bail Application No.6680 of 2021 of the appellant in Case Crime No.9 of 2021, under Sections 120B, 153A, 153B, 295A, 298, 417, 121A, 123 I.P.C. and Sections 3, 5, 8 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 registered at Police Station A.T.S., Gomti Nagar, District Lucknow.
Learned counsel for the appellant has argued that the allegations leveled in the F.I.R. are unrelated to the appellant and he has not indulged into any offence under Sections 3, 5, 8 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. It is also submitted that the materials collected against him do not make out a case against him punishable under Section 121 A I.P.C. It is further submitted that the appellant was taken into custody on 08.08.2021 whereafter he is in jail since last more than 1 year and 7 months. Learned counsel for the appellant has further submitted that a list of 39 witnesses has been submitted by the prosecution and in these circumstances, the trial is bound to take a very long time. That apart no purpose would be served by detention of the appellant once the investigation is completed and there is no likelihood of the appellant to tamper any evidence.
Learned counsel for the appellant while relying upon the judgment of the Apex Court passed in Criminal Appeal No.567 of 2023 has argued that the case at hand is situated on a better footing as such the benefit of the order passed by the Apex Court is fully available to him.
Having regard to the fact that the trial of the case has already commenced and the appellant has remained in jail for more than 1 year and 7 months and looking to the material collected by investigation, we are of the view that, prima facie, a case for grant of bail is made out.
We, accordingly, set aside the order dated 28.10.2021 passed by the Special Judge, NIA/ATS, Additional Sessions Judge-III, Lucknow as contained at page 12-17 in the present appeal.
Let the appellant- Dr. Faraz Shah be released on bail in Case Crime No.9 of 2021, under Sections 120B, 153A, 153B, 295A, 298, 417, 121A, 123 I.P.C. and Sections 3, 5, 8 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 registered at Police Station A.T.S., Gomti Nagar, District Lucknow, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. In the event the appellant cannot furnish local surety, the court concerned shall accept as sureties persons residing outside the State of U.P. to the satisfaction of the said court.
We further provided that in the event of appellant found engaging himself into promoting any anti-social activities or misusing the liberty of bail or repeating any offence as alleged, it shall be open to the State to file an application for cancellation of bail. Besides the above, the appellant shall mark his presence in the nearby police station in the first week of every month from the date of his release and shall keep the local police apprised about his whereabouts. We also provide that the appellant shall not visit the State of U.P. till the pendency of the proceedings except for attending the trial.
The present criminal appeal is allowed in the above terms.
Order Date :- 2.3.2023
S. Shivhare
