Shahid v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44962 of 2023 Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Siddiqui,Bipin Kumar 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-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. 109 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. and 66-D Information Technology Act, Police Station Naugarh, District Chandauli during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The applicant has not taken any mobile phone on loan. The name of the applicant surfaced on the basis of confessional statement of co-accused Jitendra Chauhan. The recovered Vivo Mobile from the applicant is not connected with the offence. The recovery is false and planted. There is no independent witness to the alleged recovery. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in other cases. The applicant is in jail since 24.08.2023 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 the applicant was not named in the first information report and his name surfaced on the basis of confessional statement of co-accused Jitendra Chauhan. There is no independent witness to the alleged recovery. Moreover, the applicant has 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 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-Shahid, 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 SKT/- High Court of Judicature at Allahabad