Riyaz Ahmad v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50598 of 2023 Applicant :- Riyaz Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Saxena Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and V.P. Tripathi, learned AGA for the State.

¶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. 356 of 2023, under Sections 307, 34 IPC and Section 3/25 Arms Act, Police Station Subhash Nagar, District Bareilly, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, applicant is alleged to have caused fire arm injury on Ayan. As per the medical report, the injured Ayan sustained a single fire arm injury on his right leg. It is next contended that the applicant did not have any intent to kill the injured. The applicant is in jail since

02.10.2023 having no criminal history and in case 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 facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the injured sustained fire arm injury on his right leg. The injury is on non vital part of the body. The applicant has no criminal antecedents. Further, the applicant has remained confined for almost two months 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Riyaz Ahmad, 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, 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 Lbm/- High Court of Judicature at Allahabad