Subhash v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41531 of 2023 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned 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.220 of 2022, under Sections 394, 411 IPC, Police Station Nasirpur, District Firozabad, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The incident is alleged to have occurred on 29.11.2022 and the first information report was lodged on 01.12.2022. The delay in the facts of the present case is fatal to the prosecution case. The applicant was arrested on 07.01.2023 and has been implicated in the instant case. False recovery of a country made postol, two live cartridges, Indian currency of Rs. 11,700/-, an ornament made of gold metal, an Aadhar Card and two photographs has been shown from the applicant. The alleged recovery is false and planted. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para 16 of the affidavit. The applicant is in jail since 08.01.2023 and 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 first information report has been lodged belatedly. There is no independent witness to the alleged recovery. At present there is no substantive evidence against the applicant. Further, the applicant has remained confined for almost ten months and 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 Subhash, 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;

(iii) shall not pressurize the prosecution witnesses.;

(iv) shall not leave district without the leave of the trial court; and,

(v) shall appear on first Sunday of every month at the Police Station concerned.

¶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 Lbm/- High Court of Judicature at Allahabad