Saurabh Paliwal @ Siddharth v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37724 of 2023 Applicant :- Saurabh Paliwal @ Siddharth Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, 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. 226 of 2023, under Sections 420, 467, 468, 471, 411, 34, 409 I.P.C., Police Station-Hariparvat, District-Agra, during pendency of the trial.

¶3Counsel for the applicants submits that the applicant has been falsely implicated in the instant case. The applicant has been implicated in this case only on the basis of his confessional statement. It is not specifically mentioned in the F.I.R. as to who has placed the purchase order on behalf of the firm M/s Farmer Fresh Dry Foods and Spice Company. The applicant is only an employee of the firm. No incriminating article has been recovered from or on the pointing of the applicant. It is next contended that the co-accused Rajveer, having identical role, has been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 42051 of 2023. The applicant claims parity. The criminal antecedent has been explained in para 9 & 10 of the affidavit. The applicant is in jail since 7.6.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than four months, and the co-accused has been enlarged on bail, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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 applicants, Saurabh Paliwal @ 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 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 :- 30.10.2023 S.Verma High Court of Judicature at Allahabad