Kasim v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44572 of 2023 Applicant :- Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. for the State and perused the records.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 370 of 2023, under Sections 363 I.P.C., Police Station-Thakurdwara, District-Moradabad, during pendency of the trial.

¶3Counsel for the applicant submit that the applicant has been falsely implicated in the instant case. The F.I.R. has only been lodged on the statement of the informant. The victim in her statement has stated that she alongwith the applicant had gone to visit Delhi, however, after returning she came to know about the lodging of the F.I.R. against the applicant. The applicant has not enticed or lured her. The applicant has no criminal history, he is in jail since 20.09.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Kasim 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; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 7.11.2023 S.Verma High Court of Judicature at Allahabad