Anuj Barkha v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14648 of 2023 Applicant :- Anuj Barkha Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Yadav,Abhishek Singh,Mahendra Pratap Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Mahendra Pratap, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 45 of 2023, under Sections 307, 353, 224 I.P.C., Police Station-Baraut, District-Baghpat, during the pendency of trial.

¶4As per prosecution story, on 16.01.2023 informant along with police personnel were going to produce the applicant before village court then applicant snatched the pistol of the police personnel and fired on them which did not hit them.

¶5Learned counsel for the applicant has stated that the said case is made on him at the behest of his old enmity as he has criminal history of 34 cases. Learned counsel has further stated that no person sustained injury in the said case. Criminal history of applicant has been explained in paragraph 14 of the affidavit. In support of his submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari Vs. State of U.P. and Another, 2020 (11) SCC 648, the Apex Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. .

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 16.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Anuj Barkha involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶11Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 27.10.2023 Sharad/- High Court of Judicature at Allahabad