Suhail v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46288 of 2023 Applicant :- Suhail Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Sanjay Kr. Srivastava, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 244 of 2023, under Sections 307, 411, 414, 482, 34 I.P.C & Sections 3/25/27 of Arms Act, Police Station-Bhawanpur, District Meerut, during the pendency of trial.

¶3Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. Learned counsel has explained three criminal history of the applicant in para 07 of the affidavit, in which he has already been enlarged on bail. Copies of the bail orders have been annexed as Annexure No. 2 to the affidavit. It is a case of police firing under Section 307 I.P.C, in which the applicant himself received fire-arm injury by the police. No injury has been received by the Police personnel in cross firing. The applicant is in jail since 14.08.2023. In case, he is enlarged on bail, he 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 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.

¶6Let the applicant-Suhail, involved in the aforesaid case crime 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 :- 22.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad