Ankur v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44040 of 2023 Applicant :- Ankur Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh,Shashank Shekhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Shiv Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 44 of 2023, under Sections 420, 406, 506, 467, 468, 471 I.P.C, Police Station Babri, District - Shamli, during the pendency of trial.

¶3Learned counsel for the applicant has submitted that the applicant is absolutely innocent and has been falsely implicated in the instant case due to local enmity. He has further contended that the applicant is not the beneficiary and he has not instigated to provide the money to the staff of the accused person. There is no criminal antecedents to his credit. Learned counsel contends that it is very much clear from the statement of the informant that being satisfied that the present applicant is a government servant he himself has provided Rs. 6,00,000/- to the applicant. There is no statement of any other person with regard to payment of Rs.6,00,000/- provided cash to the applicant. The applicant is in jail since 23.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions made by the counsel for the applicant.

¶5Having regard to the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Ankur, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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;

(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 :- 28.10.2023 Vinod. High Court of Judicature at Allahabad