Shubham Kumar Advani v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43283 of 2023 Applicant :- Shubham Kumar Advani Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned AGA for the State-opposite party.

¶2The 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. 372 of 2023, under Sections 420, 467, 468 and 471 of I.P.C., Police Station-Hariparwat, District-Agra, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the present case. False recovery of credit/debit cards, sim cards, two cheque books and other articles has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. Recovery of Rs. 4,500/-, an Adhar Card, a PAN Card, a passport and a laptop has been shown from the applicant. The alleged money/articles belong to the applicant. The sim cards are not connected to any offence. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in Case Crime No. 0166 of 2023 under Sections 409 and 420 of I.P.C.., Police Station-Maudhapara, District-Raipur. The applicant is in jail since 11.08.2023 and in case, she is enlarged on bail, she will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record this Court prima facie finds that a vague role has been assigned to the applicant. There is no independent witness to the recovery. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than two 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.

¶6Let the applicant Shubham Kumar Advani, involved in the aforesaid case crime 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.

¶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 Sachin Mishra High Court of Judicature at Allahabad