Rajan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46133 of 2023 Applicant :- Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

1.

Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.

¶2Heard Sri Raj Kumar Vaishya, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 187 of 2023, under Sections 392, 411 I.P.C Police Station-Quila, District-Bareilly, during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is not named in the F.I.R. It is said that Rs.1200/- was recovered from the the possession of the applicant, which is the part of looted amount in the present incident. There is criminal history of two cases against the accused-applicant, which has been explained properly in para no. 03 of the supplementary affidavit, in which the applicant has already been enlarged on bail. The learned counsel for the applicant further contends that the alleged recovery is false. Learned counsel lastly submitted that the co-accused Arshaf has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 29025 of 2023 vide order dated 10.07.2023. The applicant claims parity. He is in jail since 15.05.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having 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.

¶7Let the applicant, Rajan 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.

¶8In 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 :- 16.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad