Ishwar Chand v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41376 of 2023 Applicant :- Ishwar Chand Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh,Himanshu Dwivedi 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.124 of 2023, under Sections 323, 307, 452, 506 IPC, Police Station Chhapar, District Muzaffar Nagar, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four persons including the applicant are alleged to have assaulted the brother of the informant and his mother. As per the medical report of injured Shawan (brother of the informant) he received three injuries. The injury no.1 was referred for X-ray examination. As per the supplementary medical report, the injury no.1 was simple in nature and other injuries were also found simple in nature. As per the medical report of the mother of the informant, she sustained three injuries. The said injuries were also simple in nature. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the said injuries to both the injured. It is next contended that identically placed co-accused Rohit has been granted bail by this Court in Criminal Misc. Bail Application No. 41350 of 2023 vide order dated 12.10.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 15 of the affidavit. The applicant is in jail since 12.06.2023 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 a vague and general role has been assigned to the applicant. The applicant has not been nominated as the offender, who caused injuries to both the injured. Identically placed co-accused Rohit has been granted bail by this Court. Further, the applicant has remained confined for more than four 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 Ishwar Chand, 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; 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 :- 19.10.2023 Lbm/- High Court of Judicature at Allahabad