Subhash v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32844 of 2023 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Devendra Kumar Mishra, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 124 of 2007, under Sections 308, 323, 325, 504, 506, 452 IPC, Police Station-Chandauli, District-Chandauli, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court on 06.02.2023 on the ground that applicant absconded for 15 years. He further submitted that applicant is in jail since 03.12.2022 i.e. for almost a year and even injured of the case, who is informant of the case, when appeared before the trial court then he did not support the prosecution case and has been declared hostile, therefore, considering the facts and circumstances of the case, applicant should be released on bail.

¶4Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that injured of the case has been declared hostile and applicant is in jail since 03.12.2022 i.e. for almost a year.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court on the ground that applicant appeared before the trial court after 15 years but in the present matter, it appears that applicant is in jail since 03.12.2022 i.e. for almost a year and even informant i.e. injured of the case when appeared before the trial court then he did not support the prosecution case and has been declared hostile.

¶7Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant-Subhash be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.11.2023 KK Patel High Court of Judicature at Allahabad High Court of Judicature at Allahabad