Neeraj Pawar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16892 of 2023 Applicant :- Neeraj Pawar Opposite Party :- State of U.P. Counsel for Applicant :- Charan Singh,Saif Ullah,Shamsher Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the record.

¶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. 52 of 2022, under Sections 147, 323, 420, 342, 504, 506 I.P.C., Police Station-Ramala, District-Baghpat during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information and in the statement of the informant the alleged amount was handed over to the co-accused Asif. The applicant is not a beneficiary of the aforesaid transaction. No money was credited in the account of the applicant. Further, the allegation of assault are general in nature. At present, there is no cogent evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 14 of the bail application. The applicant is in jail since 26.2.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. 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 is not a beneficiary of any illicit transaction. At present, there is no substantive evidence against the applicant. Further the applicant has presently remained confined for more than eight months and 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 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, Neeraj Pawar 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 tamper 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 :- 8.11.2023 S.S. High Court of Judicature at Allahabad