Sagar Alias Siddharth v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44057 of 2023 Applicant :- Sagar Alias Siddharth Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Case diary has been produced by learned AGA, the same is taken on record.

¶2Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The 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. 194 of 2023, under Sections 307, 323, 504, 506, 452, 34 I.P.C., Police Station-Kasna, District-Gautambudh Nagar during pendency of the trial.

¶4Counsel 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 Jitendra, Satveer and Anshu. As per the medical report of injured Satveer, he received injury above the left eyebrow. The injured Jitendra received three injuries, one injury on the mid of the parietal region of head, second injury on occipital region of the head and third an abrasion on the left side of the neck. Both the injured Satveer and Jitendra were referred for x-ray examination. As per report of the radiologist the injuries sustained by the two injured are simple in nature. No medical report is available on record with regard to the injured Anshu. In the opinion of the doctor the injuries sustained by the two injured are simple in nature. It is next contended that a vague and general role has been assigned to the applicant. Even in the statement of the injured the applicant has not been nominated as the principal offender, who caused the injuries. The applicant does not have any criminal history. The applicant is in jail since 31.7.2023. In case he is enlarged 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 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. At this stage, there is no substantive evidence against the applicant. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost three months and 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 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.

¶7Let the applicant, Sagar Alias Siddharth 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 tamper 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.

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