Mahesh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46535 of 2023 Applicant :- Mahesh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. 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. 0417 of 2023, under Sections 379, 411, 413, 414, 420, 467, 468 and 471 of IPC, Evam Section 102/41 of Cr.P.C., Police Station-Maudarwaza, District-Farrukhabad, during pendency of the trial.

3.Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of a motorcycle has been shown from the applicant. The applicant was the pillion rider on the said motorcycle. Recovery of eight motorcycles has also been shown from the joint possession of the applicant and the other co-accused. The alleged recovery is false and planted. There are no independent witnesses to the recovery. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 29.08.2023, having no criminal history and 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 there is no independent witness to the alleged recovery. At present, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and had remained confined for more than two months 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-Mahesh, 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; and, 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 :- 9.11.2023 Sachin Mishra High Court of Judicature at Allahabad