Shafiq v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44991 of 2023 Applicant :- Shafiq Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.10 of 1992 at Police Station-Satti, District-Kanpur Dehat under Sections 147, 302, 201, 34 IPC. The applicant is in jail since 12.08.2023. The bail application of the applicant was rejected by the learned trial court on 26.09.2023. The following arguments made by Shri Rajesh Dwivedi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1Delay in taking out proceedings under Section 156(3) Cr.P.C. in the facts and circumstances of this case is fatal to the prosecution case.

¶2The applicant being a law abiding citizen has always cooperated with the investigation.

¶3After the investigations the applicant was exonerated and a final report was submitted before the learned trial court. The learned trial court after allowing the protest petition, initiated the criminal proceedings.

¶4There was no eye witness to the incident.

¶5There is no direct evidence against the applicant. This is a case of circumstantial evidence.

¶6Chain of incriminating circumstances against the applicant is not complete.

¶7No incriminating article has been recovered from the applicant.

¶8Prosecution evidence does not connect the applicant with the crime.

¶9The applicant does not have any criminal history apart from this case.

¶10The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Shafiq be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 1.11.2023 Dhananjai High Court of Judicature at Allahabad