Mohd. Aslam v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48650 of 2023 Applicant :- Mohd. Aslam Opposite Party :- State of U.P. Counsel for Applicant :- Swetashwa Agarwal,Subir Lal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant 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 applicant on bail in Case Crime No. 091 of 2022, under Sections 420, 406 507 IPC, Police Station Manjhanpur, District Kaushambi, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was the Regional Manager of the Trinity Multi State Cooperative Society Credit Limited, Lucknow. The informant was also the employee of the said society. The applicant is neither the Chairman nor the Director of the said society. He had no role in the day to day affairs of the said society nor in making of any policy decision. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. At present, there is no evidence to link the applicant with the offence. The applicant is in jail since 16.10.2023 having no criminal history and 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 heard counsel for the parties and having perused the record, this Court prima facie finds that no amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. The applicant being an employee, he had no role in the day to day affairs of the said society nor in making any policy decision. At this stage, there is no substantive evidence against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for more than a month 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 applicant, 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 applicant is entitled to be enlarged on bail.

¶6Let the applicant Mohd. 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 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; 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 Lbm/- High Court of Judicature at Allahabad