Amit Pratap Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46298 of 2023 Applicant :- Amit Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, 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 the prayer to enlarge the applicant on bail in Case Crime No. 184 of 2022 under Sections 120 B, 409, 420 I.P.C., Police Station-Kotwali, District-Kanpur Nagar, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is neither employee of the informant company nor is any agent of the company. The amount of two lakhs rupees which is alleged to have deposited by the applicant in his own account, has been deposited in the account of the applicant by one Mahendra Awasthi who had taken the amount as lend from the father of the applicant. It is next contended that the co-accused Akash Sachan having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 48044 of 2023 vide order dated 8.11.2023. The applicant claims parity. The applicant is in jail since 21.09.2023, having no criminal history. 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 regard to the submissions made above and the fact that the applicant has remained confined for more than two months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused person has been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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-Amit Pratap Singh, involved in aforesaid case 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 S.Verma High Court of Judicature at Allahabad