Malkhan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46068 of 2023 Applicant :- Malkhan Opposite Party :- State of U.P. Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by the counsel for the applicant, is taken on record.

¶2Heard learned counsel for the applicant and learned AGA for the State-respondent.

3.The 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. 504 of 2023, under Sections 420, 467, 468, 471, 272, 273 IPC and Section 60(1), 63, 72 of Excise Act, Police Station Akrabad, District Aligarh, during the pendency of trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has been nominated as an accused in the first information report in pursuance of a statement of co-accused Rahul Yadav before the police authorities. The said statement insofar as it implicates the applicant is unreliable. False recovery of illicit liquor has been shown from the house of the applicant. There is no independent witness to the recovery. There is no FSL report to establish that the liquor seized is spurious or obnoxious. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since

27.08.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant has been nominated as an accused in the first information report in pursuance of a statement of co-accused Rahul Yadav before the police authorities. There is no independent witness to the alleged recovery. Further, the applicant has remained confined for more than two months and after submission of the charge-sheet 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 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.

¶7Let the applicant Malkhan 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 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.

¶8In 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 Lbm/- High Court of Judicature at Allahabad