# Aftab Khan v. State of U.P

- **Citation:** (2023) 8 ILRA 714
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-08-04
- **Case number:** Crl. Misc. Bail Application No. 42807 of 2021
- **Bench:** Krishan Pahal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/aftab-khan-v-state-of-u-p-50706
- **Pages:** 3

## Headnote

Criminal Law - Criminal Procedure Code,
1973 - Sections 156(3) & 438 - Indian
Penal Code, 1860 - Sections 147, 148,
149, 324, 326, 307 & 504 - Application for
Bail - FIR - applicant is in jail and has no
criminal history - applicant argued that he was
falsely implicated due to ulterior motives and
assured cooperation with legal proceedings -
court finds that, earlier applicant was enlarged
on bail by this case in present case - but, owing
to his weak financial condition, he is unable to
furnish sureties, as such, he is languishing in jail
- held, court granted bail to applicant,
considering the several factors, including the
nature of the accusations, the severity of
punishment, the applicant's lack of criminal
history, and the overcrowding of jails during the
pandemic - the court also emphasized the
reformative theory of punishment and the
mandate of Article 21 of the Constitution of
India - accordingly, application is allowed. (Para
- 5, 6, 7)

Application Rejected. (E-11)

List of Cases cited:

## Text

714 INDIAN LAW REPORTS ALLAHABAD SERIES

vi. The applicant shall not leave India
without the previous permission of the
Court.

vii. In the event, the applicant changes
residential address, the applicant shall
inform the court concerned about new
residential address in writing.

30. It is also provided that applicant
shall not come within the periphery of 100
meter from the house of informant and
shall not disturb the peace and tranquillity
of the informant and in case any
disturbance take place, recourse of law
shall be taken by the parties.

31. SHO concerned shall maintain
peace and tranquillity between the parties.

32. In case of breach of any of the
above condition, the prosecution shall be at
liberty
to
move
bail
cancellation
application before this Court.
----------
(2023) 8 ILRA 714
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 04.08.2023

BEFORE

THE HON'BLE KRISHAN PAHAL, J.

Crl. Misc. Bail Application No. 42807 of 2021

Aftab Khan ...Applicant
Versus
State of U.P. ...Respondent

Counsel for the Applicant:
Sri Manvendra Singh, Sri Bal Krishna Yadav
(A.C.)

Counsel for the Respondent:
G.A.

Criminal Law - Criminal Procedure Code,
1973 - Sections 156(3) & 438 - Indian
Penal Code, 1860 - Sections 147, 148,
149, 324, 326, 307 & 504 - Application for
Bail - FIR - applicant is in jail and has no
criminal history - applicant argued that he was
falsely implicated due to ulterior motives and
assured cooperation with legal proceedings -
court finds that, earlier applicant was enlarged
on bail by this case in present case - but, owing
to his weak financial condition, he is unable to
furnish sureties, as such, he is languishing in jail
- held, court granted bail to applicant,
considering the several factors, including the
nature of the accusations, the severity of
punishment, the applicant's lack of criminal
history, and the overcrowding of jails during the
pandemic - the court also emphasized the
reformative theory of punishment and the
mandate of Article 21 of the Constitution of
India - accordingly, application is allowed. (Para
- 5, 6, 7)

Application Rejected. (E-11)

List of Cases cited:

1. Sukhari @ Sobrati case in - Criminal Misc.
Bail Application no. 19185/2022,

2. In Re Strategy For Grant of Bail Vs Mr. Gaurav
Agrawal - MANU/SCOR/14591/2023.

3. Moti Ram & ors. Vs St. of M.P. - 1978 vol. 4
SCC 47.

(Delivered by Hon'ble Krishan Pahal, J.)

Order
on
Criminal
Misc.
Modification Application No. 2 of 2023

1. List has been revised.

2. Heard Sri Bal Krishna Yadav,
learned Amicus Curiae for the applicant as
well as Sri Deepak Kumar Singh, learned
A.G.A. for the State.

3. The applicant has filed his
modification application. The applicant is
in jail since 5.1.2021 in the said case and
8 All. Aftab Khan Vs. State of U.P.
715
has no criminal antecedents to his credit.
The applicant was enlarged on bail by this
Court in the present case vide order dated
25.1.2022. The applicant is an indigent
person as is evident from Annexure-2 as
reported by District Jail as the applicant,
owing to his weak financial condition, is
unable to furnish sureties, as such, he is
languishing in jail for no fault of his.

4. Learned Amicus Curiae has placed
reliance on the judgement of this Court in
Sukhari @ Sobrati passed in CRIMINAL
MISC. BAIL APPLICATION No. - 19185
of 2022, whereby the delinquent person
was directed to furnish a personal bond of
Rs. 10,000/- and two sureties of the like
amount.

5. Learned Amicus Curiae has also
placed reliance on the judgement of the
Apex Court passed in In Re Policy Strategy
For Grant of Bail vs. Mr. Gaurav
Agrawal,
Adv.
is
Amicus
Curiae,
MANU/SCOR/14591/2023, which reads as
under :-

"With a view to ameliorate the
problems a number of directions are
sought. We have examined the directions
which we reproduce hereinafter with
certain modifications:

1) The Court which grants bail to an
undertrial
prisoner/convict
would
be
required to send a soft copy of the bail
order by e-mail to the prisoner through the
Jail Superintendent on the same day or the
next day. The Jail Superintendent would be
required to enter the date of grant of bail in
the e-prisons software [or any other
software which is being used by the Prison
Department].

2) If the accused is not released within
a period of 7 days from the date of grant of
bail, it would be the duty of the
Superintendent of Jail to inform the
Secretary, DLSA who may depute para
legal volunteer or jail visiting advocate to
interact with the prisoner and assist the
prisoner in all ways possible for his
release.

3) NIC would make attempts to create
necessary fields in the e-prison software so
that the date of grant of bail and date of
release
are
entered
by
the
Prison
Department and in case the prisoner is not
released within 7 days, then an automatic
email can be sent to the Secretary, DLSA.

4) The Secretary, DLSA with a view to
find out the economic condition of the
accused, may take help of the Probation
Officers or the Para Legal Volunteers to
prepare a report on the socio-economic
conditions of the inmate which may be
placed before the concerned Court with a
request to relax the condition (s) of
bail/surety.

5) In cases where the undertrial or
convict requests that he can furnish bail
bond or sureties once released, then in an
appropriate case, the Court may consider
granting temporary bail for a specified
period to the accused so that he can furnish
bail bond or sureties.

6) If the bail bonds are not furnished
within one month from the date of grant
bail, the concerned Court may suo moto
take up the case and consider whether the
conditions of bail require modification/
relaxation.

7) One of the reasons which delays the
release of the accused/ convict is the
insistence upon local surety. It is suggested
that in such cases, the courts may not
impose the condition of local surety."

6. After hearing the arguments
tendered
at
Bar
and
taking
into
consideration the case laws furnished by
716 INDIAN LAW REPORTS ALLAHABAD SERIES
learned Amicus Curiae, this Court is of the
view that in light of the arguments
tendered, the case law adduced and also the
judgement of the Apex Court passed in
Moti Ram and Ors. vs. State of Madhya
Pradesh (1978) 4 SCC 47, the modification
application
is
allowed.
The
relevant
paragraph 15 of the said judgement reads
hereinunder:-

"15. It is interesting that American
criminological thinking and research had
legislative response and the Bail Reforms
Act, 1966 came into being. The then
President, Lyndon B. Johnson made certain
observations at the signing ceremony :

Today, we join to recognize a major
development in our system of criminal
justice : the reform of the bail system.

This system has endured-archaic,
unjust and virtually unexamined-since the
Judiciary Act of 1789.

The principal purpose of bail is to
insure that an accused person will return
for trial if he is released after arrest.

How is that purpose met under the
present system ? The defendant with means
can afford to pay bail. He can afford to buy
his freedom. But the poorer defendant
cannot pay the price He languishes in jail
weeks, months and perhaps even years
before trial.

He does not stay in jail because he is
guilty.

He does not stay in jail because any
sentence has been passed.

He does not stay in jail because he is
any more likely to flee before trial.

He stays in jail for one reason onlybecause he is poor...."

7. Let the applicant- Aftab Khan
involved in aforementioned case crime
number be released on bail with the
condition that the trial court shall take
every endeavour in light of paragraph 5 and
6 of the judgement passed in In Re Policy
Strategy For Grant of Bail (supra) and he
shall be enlarged on bail after furnishing
the personal bond of Rs. 10,000/- and two
sureties each in the like amount to the
satisfaction of the court concerned subject
to the conditions imposed on the applicant
vide order dated 25.1.2022 passed in the
present bail order.
----------
(2023) 8 ILRA 716
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 23.08.2023

BEFORE

THE HON'BLE MRS. JYOTSNA SHARMA, J.

Criminal Appeal No. 661 of 2003

Pawan Sut @ Ram Sukh Tiwari
 ...Appellant
Versus
The State of U.P. ...Respondent

Counsel for the Appellant:
M.S. Khan, Pradeep Kumar Shukla

Counsel for the Respondent:
G.A.

Criminal Law - Indian Penal Code, 1860 -
Sections 107 & 306 - Abetment of suicide -
Code of Criminal Procedure, 1973
-
Section 313 - Appeal against conviction -
Imprisonment
with
fine
-
No
other
witnesses
except
PW3
supported
prosecution case - Accused used to have
drinks frequently, not taking care of his
wife and children - Evidence by PW3
shows that wife was feeling harassed and
exasperated by conduct of her husband
and was cause of bickering between them
- On day of occurrence, he returned home,
asked for food, she said how food can be
cooked when there was no ration, enraged
over this reply, physically assaulted his
wife - She became disturbed, counselled