Faizal Siddiqui v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50086 of 2023 Applicant :- Faizal Siddiqui Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Bishen Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-respondent.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 234 of 2023 under Section 505(2) of I.P.C. and Section 67 of I.T. Act, Police Station-Fatheganj Purvi, District-Bareilly, during pendency of the trial.

3.Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has not uploaded nor circulated any video which intends to cause fear or alarm to the public or to any section of the public. The maximum punishment provided under the Act is for a term of three years. At present, there is no cogent evidence to link the applicant with the offence. The applicant is in jail since 14.10.2023, having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no report of the cyber cell that the applicant had uploaded the alleged video or has forwarded the same. The maximum punishment provided under the Act is for a term of three years. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than one month and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Faizal Siddiqui, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 1.12.2023 Sachin Mishra High Court of Judicature at Allahabad