Radhey Shyam v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45681 of 2023 Applicant :- Radhey Shyam Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

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

¶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.106 of 2023, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station-Soron, District-Kasganj, during the pendency of the trial.

¶3Counsel for the applicant contends that earlier the marriage of the son of the applicant/ co-accused Dharmendra Kumar was fixed with the informant. However, due to certain reasons the marriage was not solemnized. The applicant has not forged the signatures of the informant nor any bank account was opened by the applicant in the name of the informant. The bank account was operated by the informant unilaterally. On account of earlier dispute the applicant has been falsely implicated. The applicant is in jail since

29.08.2023, having no criminal history and if he is released 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 after perusal of the record, this Court prima facie finds that at present, there is no substantive evidence against the applicant. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than 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 applicant, 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 applicant is entitled to be enlarged on bail.

¶6Let the applicant-Radhey Shyam, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; 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 :- 6.11.2023 Mohini High Court of Judicature at Allahabad