Chandrabhan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38907 of 2023 Applicant :- Chandrabhan Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh Counsel for Opposite Party :- G.A.,Arjun Singh Solanki Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and Sri Arjun Singh Solanki, learned counsel for the informant.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 189 of 2022, under Sections 364, 504 I.P.C., Police Station Sikandarpur Vaishy, District Kashganj during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Identically placed co-accused Mohabbatdeen and Ram Pal have been granted bail by this Court in Criminal Misc. Bail Application Nos. 1227 of 2023, Mohabbatdeen v. State of U.P., and 27039 of 2023, Ram Pal v. State of U.P., vide orders dated 01.02.2023 and 08.08.2023 respectively. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-23 of the affidavit. The applicant is in jail since 13.06.2023 and if he is released on bail, he will not misuse the said liberty.

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

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that co-accused Mohabbatdeen and Ram Pal having identical role have been granted bail by this Court. Moreover, the applicant has remained confined for almost four and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, 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-Chandrabhan, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

(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 :- 1.11.2023 SKT/- High Court of Judicature at Allahabad