Ashok Kumar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41664 of 2023 Applicant :- Ashok Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Ravi Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.336 of 2023, under Sections 452, 323, 307, 504, 506 IPC, Police Station Tappal, District Aligarh, during the pendency of trial.

¶3Learned counsel for the applicants submits that the applicant has been falsely implicated in the present case. Nothing has been recovered from the applicant. It is further contended that there is criminal history of one case against the applicant which has been explained in paragraph-4 of the supplementary affidavit. It is further contended that the applicant has no concern with the alleged incident. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 15.07.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Ashok Kumar, 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.

(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC 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

¶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 :- 19.10.2023 Shahroz High Court of Judicature at Allahabad