✦ Allahabad High Court

BAIL APPLICATION No. - 33879 of 2025 Furkan State of U.P v. Directorate of Enforcement

CRIMINAL MISC. BAIL APPLICATION No. 33879 of 2025SANTOSH RAI3 min read

Case at a glance

Outcome

Bail granted

is released on bail, he will not misuse the liberty of bail

Key paragraphs

  • Para 55. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution…

Judgment

1.

Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

2.

The instant bail application has been filed on behalf of the applicant Furkan with a prayer to release him on bail in Case Crime No.92 of 2025, under Sections 305 (A), 317 (2) B.N.S., Police Station Rajabpur, District Amroha, during pendency of trial.

Operative part

3.

Learned counsel for the applicant has submitted that F.I.R. has been registered against unknown person. During course of investigation Rs.60,000/- was shown to be recovered from the possession of the applicant after 16 days of the registration of the F.I.R. No independent and reliable witness of the recovery was present at the time of preparation of recovery memo. The basis of sole recovery of the aforesaid amount cannot ascertain the said amount is related to the same incident. The applicant has criminal history of thirteen cases which has been explained in para-14 of the bail application and in para 2 of the supplementary affidavit and is languishing in jail since 04.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

4.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 2 BAIL No. 33879 of 2025

5.

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed.

6.

Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5- 6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail 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 I.P.C./209. B.N.S. (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) 3 BAIL No. 33879 of 2025 recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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.

7.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

8.

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 30, 2025 Asha (Santosh Rai,J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: is released on bail, he will not misuse the liberty of bail

Which statutory provisions did this judgment involve?

Bharatiya Nyaya Sanhita, 2023 — ss. 305(A), 317(2); Constitution of India — art. 21; Indian Penal Code, 1860; Code of Criminal Procedure, 1973 — ss. 82, 313; Bharatiya Nagarik Suraksha Sanhita, 2023.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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