Sakir v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38600 of 2023 Applicant :- Sakir Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by the counsel for the applicant, is taken on record.

¶2Heard counsel for the applicant and learned AGA for the State.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 253 of 2023, under Sections 392, 411, 34 and 482 I.P.C., Police Station-Simbhawali, District-Hapur during pendency of the trial.

¶4Counsel for the applicant contends that the applicant was not named in the first information report. The applicant was arrested in Case Crime No. 254 of 2023, under Sections 307, 34 and Sections 3/25/28 of Arms Act, Police Station-Simbhawali, District-Hapur and has been falsely implicated in the said case. False recovery of a country made pistol, live cartridges, a chain of yellow metal has been shown from the applicant. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the police authorities. The recovered chain is not connected with the offence. The criminal history of the applicant has been explained in paragraph 15 of bail application as well as in paragraph 2 of the supplementary affidavit. The applicant is in jail since 24.07.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶6Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. At present, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than three months and after submission of the charge-sheet 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.

¶7Let the applicant, Sakir involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on the first Sunday of every month at the Police Station concerned.

¶8In 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 High Court of Judicature at Allahabad