Anil Ram @ Anil Kumar Ram v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35399 of 2023 Applicant :- Anil Ram @ Anil Kumar Ram Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

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

¶2Pursuant to the order of this Court dated 03.10.2023, Sri Virendra Kumar Bharti, Investigating Officer is present in the Court.

¶3Learned A.G.A. for the State submits that he has received instructions and has no objection in case the bail application is decided on merits.

¶4Heard counsel for the applicant and learned AGA for the State.

¶5The 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. 399 of 2023, under Sections 420, 467, 468, 471, 406 & 120B of I.P.C., Police Station-Quarsi, District-Aligarh during pendency of the trial.

¶6Counsel for the applicant contends that the applicant was not named in the first information report. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The name of the applicant surfaced during investigation. The applicant, being the father-in-law of the co-accused, has been falsely implicated in the instant case. The applicant has no concern with the transfer of funds in the account of different persons. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 28.06.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶7Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶8Having heard learned counsel for the parties and having perused the record this Court prima facie finds that no amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶9Let the applicant, Anil Ram @ Anil Kumar Ram 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶10In 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 :- 18.10.2023 Sachin Mishra High Court of Judicature at Allahabad