Maksood v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41454 of 2023 Applicant :- Maksood Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A.,Umair Mahmood Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the records.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 232 of 2023, under Sections 452, 307, 323, 504, 506 I.P.C., Police Station- Nagina, District-Bijnor, during pendency of the trial.

¶3Counsel for the applicant submit that the applicant has been falsely implicated in the instant case. No specific role has been assigned to the applicant, the role of causing stabbed wound has been assigned to co-accused Majid. The only role assigned to the applicant is that of catching hold of the injured/victim. The recovery is false and planted as there is no independent witness of the same. The applicant has no criminal history, he is in jail since

02.07.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Maksood 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; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 S.Verma High Court of Judicature at Allahabad