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KRISHAN PAHAL
Aftab Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Krishan Pahal, J.
Order on Criminal Misc. Modification Application No. 2 of 2023
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 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 v. Mr. Gaurav Agrawal, Adv. is Amic
Excessive bail conditions infringe on personal liberty; courts can modify bail orders under Section 362 Cr.P.C. when genuine difficulties arise.
Bail amounts should depend on the accused's financial circumstances, prioritizing personal bonds over sureties to prevent undue hardship.
The court has the discretion to consider an application for modification of bail conditions, even if a previous application was rejected due to the submission of factually incorrect statements.
The right to bail cannot be undermined by arbitrary surety demands, particularly for marginalized individuals, necessitating consideration of socioeconomic status by trial courts.
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