Sajid v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34781 of 2023 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal,Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, Sri Shashank Shekhar Pandey, 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. 0197 of 2023, under Sections 420, 467, 468, 272 & 273 I.P.C., Police Station-Phase-3, District-Gautambudhnagar during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The house from which the alleged recovery was made belongs to one Suraj Singh. The recovery is false and planted. There is no independent witness to the recovery. The applicant was forcibly taken from sabji mandi, phase-2 and has been implicated in the instant case. The applicant does not have any criminal history and is in jail since

4.6.2023. 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 there is no independent witness to the recovery. There is no F.S.L. report to establish that the seized items are adulterated or spurious. Further, the applicant has presently remained confined for more than five 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, Sajid 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 :- 8.11.2023 S.S. High Court of Judicature at Allahabad