Aman v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44634 of 2023 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Yogendra Kumar, 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. 227 of 2020 under Sections 394, 411 IPC, Police Station Kairana, District Shamli, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Sushil in police custody. The said statement insofar as it implicates the applicant is unreliable. No incriminating article was recovered from the applicant. The criminal history of the applicant has been explained in para 16 of the affidavit. The applicant is in jail since 05.07.2020 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 heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the FIR. The name of the applicant was disclosed by the co-accused Sushil in police custody. At present there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than three years 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, 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 Aman, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; 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 :- 7.11.2023 Lbm/- High Court of Judicature at Allahabad