Hayat @ Hayatullah and 3 Others v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47158 of 2023 Applicant :- Hayat @ Hayatullah And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 102 of 2023, under Sections 323, 504, 506, 307 IPC, Police Station Kathela Samay Mata, District Siddharth Nagar, during the pendency of trial.

¶3Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are alleged to have assaulted the informant. A vague and general role of assault has been assigned to the applicants. As per the medical report, the injured sustained injuries, which are found simple in nature. Even in the statement of the injured, no specific role has been assigned to the applicants. The applicant no. 2 is in jail since 02.09.2023 and applicants no. 1, 3 and 4 are in jail since 12.09.2023 having no criminal history and in case they are enlarged on bail, they 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 heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role of assault has been assigned to the applicants. The injured has sustained injuries which are found simple in nature. The applicants have no criminal antecedents. Further, the applicants have 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 no reasonable apprehension has been brought to the fore by the State that the applicants, 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 applicants are entitled to be enlarged on bail.

¶6Let the applicants Hayat @ Hayatullah, Rafeeque @ Rafeekullah, Barkat @ Barkatullah and Jainullah involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(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 :- 17.11.2023 Lbm/- High Court of Judicature at Allahabad