Rashid @ Vishal v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41540 of 2023 Applicant :- Rashid @ Vishal Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.,Geetam Singh Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, learned A.G.A. for the State and Sri Geetam Singh, counsel for the informant. Perused the record.

¶2The 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. 330 of 2023, under Sections 147, 148, 149, 307, 504 I.P.C., and Section 3/25/27 of Arms Act, Police Station-Sikandrarau, District-Hathras during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report six persons including the applicant and two unknown persons are nominated. The applicant along with two others are alleged to have fired upon the informant. As per the medical report, the injuries sustained by the injured are on non vital part of the body. It is next contended that the identically placed co-accused Ashish @ Ashu has been granted bail by this Court vide order dated 30.10.2023 passed in Criminal Misc. Bail Application No. 45672 of 2023. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 22.6.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the injured sustained injuries on non vital part of the body. The co-accused Ashish @ Ashu has been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than four 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.

¶6Let the applicant, Rashid @ Vishal 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.

¶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 :- 31.10.2023 S.S. High Court of Judicature at Allahabad