Aslam v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40604 of 2023 Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Malik Counsel for Opposite Party :- G.A.,Amit Rana Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.

¶3The 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. 771 of 2023 under Sections 307, 323, 504, 506 I.P.C., Police Station-Kotwali City, District-Bijnor, during the pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the present case. In the alleged incident, two persons have received gun shot injury and the informant has received injury of iron rod. The applicant has neither been assigned the role of causing fire arm injury nor injury from rod/lathi. The only role assigned to the applicant is that of exhortation. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 6.8.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. as well learned counsel for the informant has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made above and the fact that the applicant has remained confined for four month, and the co-accused has been enlarged on bail, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Aslam, 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.

¶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 S.Verma High Court of Judicature at Allahabad