Arshad v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39203 of 2023 Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Khalid,Vineet Vikram,Yashdeep Rastogi Counsel for Opposite Party :- G.A.,Manvendra Singh Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Yashdeep Rastogi, learned counsel for the applicant, Sri Manvendra Singh, learned counsel for the informant as well as learned A.G.A. for the State and perused the records.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 317 of 2023, under Sections 386 I.P.C. & 67 I.T. Act, Police Station-Kotwali, District-Fatehpur during pendency of the trial.

¶3Counsel for the applicant submit that the applicant has been falsely implicated in the instant case. So far as Section 386 I.P.C. is concerned, there is no delivery of the property and so far as Section 67 I.T. Act, is concerned, the police has reported that there is no evidence that any post was made by the applicant through the victim's social media account. Therefore, there is no ingredients of the offence alleged against the applicant in the present F.I.R. The criminal history of the applicant has been explained in para 64 of the affidavit. The applicant is in jail since 12.06.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail and submitted that the applicant had concealed the criminal antecedent in earlier bail application and after getting the bail he has misused the liberty. In this regard learned counsel for the applicant has submitted that it is a point to be adjudicated by the Court which granted the bail to the applicant not by this Court in the present bail application.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for 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, Arshad, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the

following

conditions

that:

i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 28.10.2023 S.Verma High Court of Judicature at Allahabad