Awadhesh v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46883 of 2023 Applicant :- Awadhesh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in S.T.No.1345 of 2023 arising out of Case Crime No.291 of 2022 at Police Station-Usawan, District-Budaun under Sections 302/34, 120B, 427 IPC. The applicant is in jail since 06.12.2022. The bail application of the applicant was rejected by the learned trial court on 31.07.2023. The following arguments made by Shri Tripurari Pal, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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

¶2The applicant was nominated in the statement of the co-accused-Bablu while in police custody. The said statement insofar as it implicates the applicant is not admissible.

¶3The applicant was nominated belatedly after the two and half months on account of political rivalry.

¶4The applicant was not the registered owner of the offending vehicle at any point in time.

¶5There is no direct evidence against the applicant.

¶6At best, this is a case of circumstantial evidence and the chain of incriminating material against the applicant is not complete.

¶7The applicant claims congruency in role and seeks parity in relief granted to the co-accused-Chob Singh who has been enlarged on bail by this Court by order dated

28.10.2023 in Criminal Misc. Bail Application No.44110 of 2023.

¶8The applicant does not have any criminal history apart from this case.

¶9The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court 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-Awadhesh 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 :- 3.11.2023 Ashish Tripathi High Court of Judicature at Allahabad