Sachin v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45416 of 2023 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- G.A.,Ram Raj Pandey,Shubham Pandey Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Sachin Malik, learned counsel for the applicant, learned AGA for the State, Sri Ram Raj Pandey, learned counsel for the informant and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.202 of 2023, under Sections 307, 504 IPC, Police Station Doghat, District Baghpat, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is further argued that for the alleged incident the applicant has not been assigned any specific role though he has been assigned the role of pushing the victim by which no such injury was caused which could be said to be grievous in nature. The role of firing has been assigned to the co-accused, Ravi @ Bhuri. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 19.08.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have vehemently opposed the bail application but could not dispute the submissions advanced on behalf of the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Sachin, 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 :- 23.11.2023 Shahroz High Court of Judicature at Allahabad