Arif v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46065 of 2023 Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and learned AGA for the State-respondent.

¶2The 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. 242 of 2023, under Sections 5/25 Arms Act, Police Station Charthawal, District Muzaffarnagar, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of a country made pistol and an iron saw has been shown from the personal possession of the applicant. Recovery of other articles has been shown from a place which does not belong to the applicant. The alleged recovery is false and planted. There is no independent witness to the alleged recovery. Identically placed co-accused Vivek has been granted bail by this Court in Criminal Misc. Bail Application No. 35776 of 2023 vide order dated 18.09.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 5 of the affidavit. The applicant is in jail since 22.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the there is no independent witness to the recovery. At present there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than three months 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, 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 Arif, 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; 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 Lbm/- High Court of Judicature at Allahabad