Aman@ Sameer@ Chimpi v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43271 of 2023 Applicant :- Aman@ Sameer@ Chimpi Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, learned A.G.A. for the State and 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. 125 of 2023, under Sections 380, 457, 411 I.P.C., Police Station-Delhi Gate, District-Meerut during pendency of the trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 4.7.2023 along with two other co-accused persons and has been falsely implicated in the instant case. False recovery of Indian currency of Rs.44,950/-, a country made pistol, one live cartridge and a mobile phone has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered Indian currency cannot be connected to the alleged offence. It is contended that identically placed co-accused Shuyeb @ Chini has been granted bail by this court vide order dated 16.10.2023 passed in Criminal Misc. Bail Application No. 41932 of 2023. The applicant claims parity. The criminal history of the applicant has been explained in para 6 of the bail application. The applicant is in jail since 4.7.2023. 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 heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. The recovered Indian currency cannot be connected to the alleged offence. The co-accused Shuyeb @ Chini has been granted bail by this court. Further the applicant has presently remained confined for more than 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.

¶6Let the applicant, Aman @ Sameer @ Chimpi 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