Gulzar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45290 of 2023 Applicant :- Gulzar Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Kamlesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶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. 408 of 2023 under Sections 392, 411, 506 I.P.C., Police Station-Gajraula, District-Amroha, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has neither named in the F.I.R. nor arrested from the spot. The applicant was arrested after two days of the alleged incident during vehicle checking and falsely shown the recovery of the instant case crime, however, there is no identification parade conducted by the prosecution of the articles or of the accused. The criminal history of the applicant has been explained in para 15 of the affidavit. The applicant is in jail since 8.7.2023, in case he is enlarged 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 regard to the submissions made above and the fact that the applicant has remained confined for more than four months, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, 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 applicant is entitled to be enlarged on bail.

¶6Let the applicant-Gulzar, involved in 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;

(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 :- 28.11.2023 S.Verma High Court of Judicature at Allahabad High Court of Judicature at Allahabad