Sajid v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35896 of 2023 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A.,Umair Mahmood Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today in court is kept on record and same be indexed by the office.

¶2Heard Shri Puneet Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 232 of 2023, under Sections 323, 452, 307, 504 and 506 I.P.C., Police Station-Nagina, District-Bijnor, during pendency of the trial.

¶4According to the learned counsel for the applicant there are three cases of criminal history which has been explained by him.The role of catching hold of victim, co-accused Maksood have same role of catching hold of victim have already enlarged on bail. The co-accused Maksood have already been enlarged on bail by the Co-ordinate Bench of this Court vide Criminal Misc. Bail Application No.41454 of 2023 dated 19.10.2023. Learned counsel for the applicant has properly explained the criminal history of the applicant. The applicant claims parity. The applicant is languishing in jail since 04.07.2023, in case he is enlarged on bail, he will not misuse the said liberty, and there is no likelihood of abscondence or tampering with evidence.

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

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Sajid, 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 temper 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.

¶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 A Gautam High Court of Judicature at Allahabad