Dheeru Patel and Another v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44879 of 2023 Applicant :- Dheeru Patel And Another Opposite Party :- State of U.P. Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicants 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 applicants on bail in Case Crime No. 467 of 2023, under Sections 323, 504, 506, 325, 307 IPC, Police Station Kotwali, District Maharajganj, during the pendency of trial.

¶3Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the the first information report, four persons including the applicants are alleged to have assaulted the injured. The injured has received injuries on non vital part of the body. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders, who caused the injuries. It is next contended that identically placed co-accused Laxmi Narayan has been granted bail by this Court in Criminal Misc. Bail Application No. 43185 of 2023 vide order dated 11.10.2023. The applicants claim parity. The applicants are in jail since 19.08.2023 having no criminal history and in case they are enlarged on bail, they 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 injured has received injuries on non vital part of the body. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders, who caused the injuries to the injured. Identically placed co-accused Laxmi Narayan has been granted bail by this Court. Further, the applicants have 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 applicants, 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 applicants are entitled to be enlarged on bail.

¶6Let the applicants Dheeru Patel and Shiv Prakash Patel, involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(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 :- 26.10.2023 Lbm/- High Court of Judicature at Allahabad