Aslam v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48981 of 2023 Applicant :- Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Garuddhwaj Pandey,Akhilesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

¶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. 478 of 2022, under Sections 395, 342, 412, 420, 467, 468, 471 I.P.C., Police Station Ajitmal, District Auraiya during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant being owner of the alleged Swift Desire car has been falsely implicated in the instant case. It is contended that the said vehicle was given on rent to one Shahnawaz. No test identification parade was got conducted by the police authorities. Vague and general allegations have been levelled in the first information report. It is next contended that co-accused Irshad, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 56323 of 2022, Irshad v. State of U.P., vide order dated 13.01.2023. The applicant claims parity. The applicant is in jail since 11.10.2023 having no criminal history and if he is released 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 heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. No test identification parade was got conducted by the police authorities. Vague and general allegations have been levelled in the first information report. Identically placed co-accused Irshad has been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, 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-Aslam, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; 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 :- 24.11.2023 SKT/- High Court of Judicature at Allahabad