Vishambher v. State of U.P.And 3 Others

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43515 of 2023 Applicant :- Vishambher Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Kashi Naresh Mishra, learned counsel for the applicant, learned AGA for the State-opposite party 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. 240 of 2023, under Sections 323, 354, 354-B, 506 I.P.C and 7/8 POCSO Act, Police Station-Gaunda, District-Aligarh, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant is quite innocent, he has been falsely implicated in the instant case due to ulterior motive. It is next contended that the co-accused-Neeraj @ Neeru, having identical role have been enlarged on bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 45178 of 2023 vide order dated 27.10.2023. Copy of the same provided by the learned counsel for the applicant is taken on record. The applicant claims parity. The applicant is in jail since 30.07.2023. 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-Vishambher, involved in the aforesaid case crime 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 :- 9.11.2023. Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad