Akheram v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50600 of 2023 Applicant :- Akheram Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,M.P.S. Chauhan Hon'ble Vivek Varma,J.

¶1Supplementary affidavit, filed by the counsel for the applicant, is taken on record.

¶2Heard learned Counsel for the applicant, V.P. Tripathi, learned A.G.A. for the State and Sri M.P.S. Chauhan. 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. 178 of 2023, under Sections 147, 148, 323, 504, 307, 326 I.P.C., Police Station-Daddon, District-Aligarh during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report the co-accused Ratan lal is alleged to have caused injury by lathi on the head of the injured Sanjeev. The other named accused who are four in number including the applicant and one unknown person are alleged to have caused fracture of mandibular bone of the injured Sujeet. It is contended that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the fracture of the mandibular bone. The criminal history of the applicant has been explained in para 4 and 5 of the supplementary affidavit. The applicant is in jail since 9.6.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. and counsel for the informant have 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 a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused fracture of the mandibular of the injured Sujeet. Further the applicant has presently remained confined for more than five months and 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 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, Akheram involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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.S. High Court of Judicature at Allahabad