Rohit Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43190 of 2023 Applicant :- Rohit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh 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. 084 of 2023 under Sections 419, 420, 467, 468, 471 I.P.C. Section 60/63 Excise Act, Police Station-Babhani, District-Sonbhadra, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case.The applicant is the driver of the alleged vehicle from which 593 packets of illegal liquor is recovered. It is contended that the applicant had no knowledge about the material kept in the vehicle as he was only directed to deliver the material to the destination. It is next contended that the co-accused Pradeep Alias Sandeep, has been granted bail by this court in Criminal Misc. Bail Application No. 43282 of 2023 vide order dated 18.10.2023. The applicant claims parity. The applicant is in jail since 24.07.2023, having no criminal history. 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 three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused person has been granted bail and 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- Rohit Singh, 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 :- 24.11.2023 S.Verma High Court of Judicature at Allahabad High Court of Judicature at Allahabad