Bunty @ Ravi Shankar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44375 of 2023 Applicant :- Bunty @ Ravi Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned AGA for the State-respondent.

¶2The 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. 04 of 2022, under Sections 307, 504 & 120B of IPC and Section 3/25/27 of Arms Act, Police Station Budhana, District Muzaffarnagar, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The incident is alleged to have occurred on 1.1.2022. The first information report was lodged on

3.1.2022. As per the prosecution story three persons are alleged to have caused firearm injury to the brother of the informant. During the course of investigation, the name of the applicant was disclosed by Naushad and Kadir in Police custody. The said statements, insofar as, it implicate the applicant are unreliable. The said co-accused persons narrated an entirely different version. It is further contended that the co-accused, Kadir has been granted bail by this Court in Criminal Misc. Bail Application No. 27594 of 2023 vide order dated 28.07.2023. The criminal history of the applicant has been explained in para 37 of the bail application. The applicant is in jail since 08.11.2022. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused, Naushad and Kadir in Police custody. The co-accused, Kadir has been granted bail by this Court. Further, the applicant has remained confined for more than eleven 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.

¶6Let the applicant Bunty @ Ravi Shankar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In 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