Pooran Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44169 of 2023 Applicant :- Pooran Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Bind,Ashish Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant 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 applicant on bail in Case Crime No.29 of 2023 under Sections 392 I.P.C., Police Station-Mansukhpura, District-Agra, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The incident is alleged to have occurred on 19.05.2023. The first information report was lodged on 25.05.2023. The delay in the facts of the present case is fatal to the prosecution case. The name of the applicant was disclosed by the co-accused, Mukesh in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. It is next contended that the alleged tractor was recovered from the possession of the co-accused, Mukesh. False recovery of a country made pistol and a live cartridge has also been shown from the applicant. There is no independent witness to the alleged recovery. It is further contended that the co-accused, Mukesh, has been granted bail by this Court in Criminal Misc. Bail Application No. 31849 of 2023 vide order dated 28.07.2023. The applicant is in jail since 10.08.2023, having no criminal history. In case he is enlarged on bail, he 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 having perused the record this Court prima facie finds that the F.I.R. was lodged belatedly. The co-accused, Mukesh has been granted bail by this Court. Further, the applicant has no criminal antecedents and has remained confined for more than two 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Pooran Singh, involved in 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;

(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 :- 3.11.2023 Sachin Mishra High Court of Judicature at Allahabad