Firoz Ahmad v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41464 of 2023 Applicant :- Firoz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Ashok Kumar Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. This is the third bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 146 of 2020 at Police Station-Jeanpur, District-Azamgarh under Sections 147, 148, 323, 324, 325, 308, 504, 506, 188 IPC and Section 38(1) Disaster Management Act. The applicant is in jail since

20.05.2020. The second bail application of the applicant was rejected by this Court on 28.03.2022. The following arguments made by Shri Sanjay Kumar Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial.

¶2The trial is moving at a snail's pace and shows no signs of an early conclusion. The applicant is not responsible for the delay in the trial proceedings.

¶3As per the status report sent by the trial court, the prosecution proposes to examine 11 witnesses. However, only three witnesses have been examined till date.

¶4Inordinate delay in concluding trial has lead to an indefinite detention of the applicant without there being any credible evidence to implicate him in the offence. Right of the applicant to a speedy trial has been violated.

¶5The applicant does not have any criminal history apart from the instant case.

¶6The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Firoz Ahmad be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.10.2023 Vandit High Court of Judicature at Allahabad