Prince v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46218 of 2023 Applicant :- Prince Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned A.G.A. for the state.

¶2The present bail application has been filed by the applicant to enlarge him on bail in Case Crime No. 367 of 2019, under Sections 2/3 U.P. Gangster Act, Police Station Jawan, District Aligarh, during the pendency of trial.

¶3Counsel for the applicant submits that earlier the applicant was granted bail by this Court on 21.11.2012. Thereafter the applicant appeared before the trial court and contested the proceedings for considerable period, however the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on certain dates. Consequently, non-bailable warrant was issued on 27.5.2022. The applicant was apprehended again on 28.07.2023 and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned.

¶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 applicant had earlier appeared and contested the proceedings, however, the trial could not conclude and further the applicant has presently remained confined for more than four months and 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 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-Prince involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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.

(iv) shall not leave district without the leave of the trial court.

(v) shall appear on the first Sunday of every month at the Police Station concerned.

¶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 SFH High Court of Judicature at Allahabad