Amit Kumar @ Anju v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41537 of 2023 Applicant :- Amit Kumar @ Anju Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Singh,R.P.S. Chauhan 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. 324 of 2023, under Sections 147, 148, 149, 452, 323, 307, 504, 506 IPC, Police Station Souron, District Kasganj, 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, eight persons including the applicant are alleged to have assaulted five persons. Injured Pooja Kumari has received six injuries. Except injury no.1, all the injuries are simple in nature. Even in the statement of injured Pooja Kumari, the applicant has not been nominated as the principal offender, who caused the injury no.1. A vague and general role has been assigned to the applicant. The applicant is in jail since 07.08.2023 having no criminal history 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 the injury no.1. Further, the applicant has remained confined for more than two 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 Amit Kumar @ Anju, 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