Hassan and Another v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45161 of 2023 Applicant :- Hassan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 250 of 2023, under Sections 147, 148, 149, 307, 332, 353, 341, 342, 109, 504 I.P.C. and 7 Criminal Law Amendment Act, Police Station Sheeshgarh, District Bareilly during the pendency of the trial.

¶3Learned counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the instant case. In the first information report 400-500 unknown persons are nominated. A vague and general role has been assigned to the applicants. It is next contended that identically placed co-accused Akaram, Aman and Nadeem have been granted bail by this Court in Criminal Misc. Bail Application Nos. 43740 of 2023, Akaram v. State of U.P., and 45179 of 2023, Aman and another v. State of U.P., vide orders dated 13.10.2023 and 27.10.2023 respectively. The applicants claim parity. The applicant no. 1 has no criminal history, and the applicant no. 2 is involved in two cases : (i) Case Crime No. 52 of 2023, under Sections 504, 506 I.P.C., Police Station Sheeshganj, District Bareilly and (ii) Case Crime No. 342 of 2022, under Sections 323, 504, 506 I.P.C., Police Station Sheeshganj, District Bareilly. The applicants are in jail since 21.08.2023 having no criminal history and if they are released on bail, they will not misuse the said liberty.

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

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicants were not named in the first information report and a vague and general role has been assigned to the applicants. Identically placed co-accused Akaram, Aman and Nadeem have been granted bail by this Court. Moreover, the applicants have remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

¶6Let the applicants-Hassan and Hamid Raja, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they:

(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 :- 2.11.2023 SKT/- High Court of Judicature at Allahabad High Court of Judicature at Allahabad