Kanha @ Bhappa v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40621 of 2023 Applicant :- Kanha @ Bhappa Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and learned AGA for the State-respondent.

¶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.376 of 2023, under Sections 379, 411, 34 IPC, Police Station Sadar Bazar, District Agra, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R. The applicant was arrested on 06.08.2023 along with co-accused and has been implicated in the present case. Nothing was recovered from the applicant at the time of the arrest, however, after arrest showing false recovery the applicant has been implicated in this case. Though the recovery is shown to be made from the joint possession of the applicant and co-accused. The criminal history of the applicant has been explained in paragraph 10 of the affidavit. The applicant is in jail since 07.08.2023 and in case he is enlarged on bail, he 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 regard to the submissions made but 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 Kanha @ Bhappa 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 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 :- 7.11.2023 S.Verma High Court of Judicature at Allahabad