Amit Shakya v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43902 of 2023 Applicant :- Amit Shakya Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Counter affidavit filed today is taken on record. Heard 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. 478 of 2023 under Sections 420, 467, 468, 471 I.P.C. and 66 D I.T. Act, Police Station-Jagdishpura, District-Agra, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. No specific role has been assigned to the applicant. There is no independent witness of the allegedly recovered forged/manipulated Aadhar Card. The applicant has not received any amount in connection with the alleged crime. No test identification parade was conducted against the applicant nor any private person is aggrieved with the applicant. It is next contended that the co-accused Arpit having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 44403 of 2023 vide order dated 20.11.2023. The applicant claims parity. The applicant is in jail since

16.09.2023, 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-Amit Shakya, 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 :- 29.11.2023 S.Verma High Court of Judicature at Allahabad