Neeraj Kumar Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39758 of 2023 Applicant :- Neeraj Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar,Shri Chandra,Shyam Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record. Heard 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 the prayer to enlarge the applicant on bail in Case Crime No. 204 of 2021 under Sections 420, 409 I.P.C., Police Station-Kotwali, District-Azamgarh, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. Allegation of misappropriation of Rs. 21050/- has been mentioned in the termination order of the applicant. The applicant, in compliance of order dated 12.10.2023, has deposited the sum of Rs. 21050/- before the concerned Court and receipt of the same has been annexed with the supplementary affidavit as S.A.-2. It is next contended that the co-accused Abhishek Chaurasiya, having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 21531 of 2023 vide order dated 19.9.2023. The applicant claims parity. The applicant has no criminal history, he is in jail since 11.7.2023, 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 regard to the submissions made above and the fact that the applicant has remained confined for almost two 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 applicant-Neeraj Kumar Singh, involved in aforesaid case 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 :- 1.11.2023 S.Verma High Court of Judicature at Allahabad High Court of Judicature at Allahabad