Arvind Kahsyap v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46542 of 2023 Applicant :- Arvind Kahsyap Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 444 of 2022 at Police Station Inchauli, District Meerut under Section 302 and 120B I.P.C. The applicant is in jail since 03.01.2023. The bail application of the applicant was rejected by the learned trial court on 29.03.2023. The following arguments made by Shri Vivek Kumar Singh, learned counsel assisted by Shri Mayank Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant was not named in the F.I.R.

¶2There is no direct evidence against the applicant. This is a case of circumstantial evidence.

¶3Chain of incriminating circumstances against the applicant is not complete.

¶4The applicant has been nominated by the brother of the deceased entirely on the basis of hearsay evidence and suspicion. Suspicion no matter how grave is no substitute for evidence.

¶5No incriminating article has been recovered from the applicant.

¶6Prosecution evidence does not connect the applicant with the offence.

¶7The applicant has explained his criminal history. However, the applicant has been falsely implicated in some more cases despite the fact that he is in jail for the past ten years. The applicant was declared juvenile by order dated 16.06.2023 by the learned trial court. The said cases do not have any bearing on the instant bail application.

¶8The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertake 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-Arvind Kahsyap 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 :- 2.11.2023 Dhananjai High Court of Judicature at Allahabad