Chandan @ Yash v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48252 of 2021 Applicant :- Chandan @ Yash Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Pandey,Mohammad Zakir,Ram Raj Pandey Counsel for Opposite Party :- G.A.,Yogesh Kumar Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Mohd. Zakir, learned counsel for the applicant, Sri Shree Kant Tripathi, learned counsel for the State and perused the material on record. Sri Yogesh Kumar, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Chandan @ Yash, seeking enlargement on bail during trial in connection with Case Crime No.59 of 2021, under Sections 302/34 IPC, registered at Police Station Khurja Nagar, District Bulandshahar.

¶4Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is not named in the FIR. The implication of the applicant in the present matter has come during investigation. It is argued that subsequently Harpal surfaced as an eye-witness of the matter in which he names the applicant, Mahesh and Lal as the accused persons who are stated to be present with the deceased and states that one person fired upon the deceased whereas two persons had caught hold the deceased. Even the said eye-witness did not disclose as to who fired upon the deceased. The present case is a case in which the implication of the applicant in the present case is on the basis of suspicion only. It is argued that co-accused Dinesh Sharma @ Lala has been granted bail by a coordinate Bench of this Court vide order dated 21.2.2023 passed in Criminal Misc. Bail Application No.4263 of 2023, copy of the same is annexed as Annexure No.S.A.1 to the supplementary affidavit dated 5.9.2023. It is argued that charge sheet has been submitted in the matter, as such there are no chances of the applicant tampering with the evidence. It has also been pointed out that the applicant is not having any criminal history as stated in para 17 of the affidavit. The applicant is in jail since 24.1.2021.

¶5Per contra learned counsel for the State opposed the prayer for bail.

¶6After hearing the counsel for the parties and perusing the record, it is evident that applicant is not named in the FIR. The eye-witness stated that out of three persons one person fired upon the deceased but he did not disclose as to who fired upon the deceased. Co-accused has been granted bail by a coordinate Bench of this Court. Charge sheet has been submitted in the matter.

¶7Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶8Let the applicant-Chandan @ Yash, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶10The bail application is allowed. (Samit Gopal, J.) Order Date :- 18.10.2023 Gaurav Kuls High Court of Judicature at Allahabad