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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashutosh Srivastava,J.
Sreedhaar Prasad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
In Ref.: Criminal Misc. Modification Application
1.This is an application seeking modification of the order dated 12.10.2020 passed in Criminal Misc. Application No. 29850 of 2020 to the extent of removing the condition of one family member as a surety and direct the release of the applicant on his furnishing a personal bond along with any two sureties each in the like amount to the satisfaction of the court concerned or pass any other and further orders in the interest of applicant considering the present facts and circumstances of the case.
2. It is contended that the applicant filed Criminal Misc. Bail Application aforementioned seeking regular bail in Case Crime No. 0816 of 2017, under Sections 420 , 467, 468, 120-B IPC and Section 66 of Information Technology Act, Police Station Kotwali City, District Bijnore. This Court vide order dated 12.10.2020 was pleased to enlarge the applicant on bail on his furnishing a personal bond of Rs. 1 Lac with two sureties (one should be of his family members) each in the like amount to the satisfaction of the Court concerned.
3. It has been submitted that the applicant has not been able to obtain bail on account
Excessive bail conditions infringe on personal liberty; courts can modify bail orders under Section 362 Cr.P.C. when genuine difficulties arise.
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.
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 modify a judgment and order in consideration of exceptional circumstances, such as those arising from a lockdown.
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