Buddhapal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20360 of 2023 Applicant :- Buddhapal Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi,Om Narayan Pandey 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. 87 of 2023 under Sections 411, 413, 420, 465 I.P.C., Police Station-Kalan, District-Shahjahanpur, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. Three motorcycles have been alleged to be recovered from the pointing of the applicant, however, there is no independent witness of the same. The alleged recovered motorcycles have not been connected to any crime. It is next contended that the co-accused Raj Kamal, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 20253 of 2023. The applicant claims parity. The criminal history of the applicant has been explained in para 11 of the affidavit. The applicant is in jail since 25.3.2023, 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 regard to the submissions made above and the fact that the applicant has remained confined for more than seven months, and the co-accused has been enlarged on bail, more so when 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-Buddhapal, 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;

(iv) shall appear before the concerned S.H.O. on any day of the first week of every month till the further order of 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 :- 16.11.2023 S.Verma High Court of Judicature at Allahabad