Suja Khan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37491 of 2023 Applicant :- Suja Khan Opposite Party :- State of U.P. Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.,Sarfaraz Ahmad Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by the counsel for the applicant, is taken on record.

¶2Heard learned counsel for the applicant, Sri Sarfaraz Ahmad, learned counsel for the informant and learned AGA for the State-respondent.

¶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. 298 of 2023, under Section 147, 148, 307, 325, 323, 504 IPC, Police Station Kaptanganj, District Kushinagar, during the pendency of trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, eight named persons including the applicant and five unknown persons are alleged to have assaulted the husband of the informant. Even in the statement of the injured, a general and vague role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the head injuries to the injured. It is next contended that there is a cross version of the incident. Both sides have received injuries. The aggressor is still to be ascertained. The criminal history of the applicant has been explained in para 8 of the supplementary affidavit. The applicant is in jail since 07.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA and learned counsel for the informant have 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 a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused injuries to the injured. There is a cross version of the incident. Both sides received injuries. At this stage there is no clarity with regard to the role of the applicant. Further, the applicant has remained confined for more than three months and after submission of the charge-sheet 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 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.

¶7Let the applicant Suja Khan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 17.10.2023 Lbm/- High Court of Judicature at Allahabad