Golu @ Abhay v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59149 of 2022 Applicant :- Golu @ Abhay Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik Counsel for Opposite Party :- G.A.,Atul Tej Kulshrestha,Parvish Kumar,Vinay Singh Hon'ble Vivek Varma,J.

¶1Sri Atul Kulshreshtha, Advocate has filed vakalatnama on behalf of the informant, the same is taken on record.

¶2Heard learned Counsel for the applicant, learned A.G.A. for the State and Sri Atul Kulshreshtha, counsel for the informant. Perused the record.

¶3The 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.420 of 2022, under Section 307 I.P.C., Police Station-Khatauli, District-Muzaffarnagar during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. During the course of trial the injured Praveen was examined as PW-1 and the informant Anil Kumar as PW-2. Both the witnesses have not supported the prosecution version and denied the involvement of the applicant in the aforesaid case. Both the witnesses were also declared hostile during their examination-in-chief. The applicant does not have any criminal history. The applicant is in jail since 14.10.2022. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that the injured and the informant have not supported the prosecution version during the trial. They have been declared hostile during their examination-in-chief. Further the applicant has no criminal antecedents. The applicant has presently remained confined for more than one year and there is no hope of early conclusion of trial, more so when 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 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.

¶7Let the applicant, Golu @ Abhay 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 tamper 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.

¶8In 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 :- 16.10.2023 S.S. High Court of Judicature at Allahabad