Kuldeep Kanaujiya v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43754 of 2023 Applicant :- Kuldeep Kanaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Sri Ashok Kumar Singh, Advocate, has entered appearance on behalf of the informant and filed his Vakalatnama, which is taken on record. The statement of injured Shivam Verma has been produced by learned A.G.A. which is also taken on record.

¶2Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 227 of 2023, under Sections 323, 308, 506, 324 I.P.C., Police Station Sarai Khwaja, District Jaunpur during the pendency of the trial.

¶4Learned counsel 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 Shivam Verma. As per the medical report, the injured sustained injuries on his head and left hand. As per the report of the radiologist, no abnormality was seen on the skull. However, as per the X-ray of left hand, fracture of proximal phalanx of index finger was seen. It is contended that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused injury to the injured. Even in the statement of the injured, the applicant has not been nominated as the principal offender. The criminal history of the applicant has been explained in Paragraphs-15 and 16 of the affidavit. The applicant is in jail since 14.08.2023 and if he is released on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that a vague and general role has been assigned to the applicant and even in the statement of the injured the applicant has not been assigned as the principal offender. Moreover, 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, 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Kuldeep Kanaujiya, 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 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.

¶8In 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 SKT/- High Court of Judicature at Allahabad