Amir and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40981 of 2023 Applicant :- Amir And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.,Veer Singh Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Mohd. Abrar Khan, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2In revise call none is present on behalf of the informant. Sri Veer Singh, learned counsel for the informant was flouted opportunity to produce the criminal history of the applicants which is forcefully denied by learned counsel for the applicants.

¶3The 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. 180 of 2023 under Sections 147, 148, 149, 323, 506, 336, 307, 308 I.P.C., and 7 C.LA. Act. Police Station Karari, District-Kaushambi, during the pendency of the trial.

¶4Learned counsel for the applicants contends that general role have been assigned to all the accused persons. He further contended that five accused persons have already been enlarged on bail by this Court as well as other coordinate Benches of this Court. There is no previous criminal history to the credit of the applicants. The applicants are in jail since 11.08.2023. In case they are enlarged on bail, they 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 above and the fact that the applicants have remained confined for more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have been granted bail and no reasonable apprehension has been brought to the fore by the State that the applicants, 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 applicants are entitled to be enlarged on bail.

¶7Let the applicants Amir and Shaved, involved in 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;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 17.11.2023 Vikram High Court of Judicature at Allahabad