Love Kumar Alias Lavi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49306 of 2023 Applicant :- Love Kumar Alias Lavi Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Kushwaha 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. 472 of 2023 under Sections 394, 411, 120B I.P.C., Police Station-Kotwali Shamli, District-Shamli, 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 not named in the F.I.R. The name of the applicant came into light in the statement of co-accused and on 24.9.2023 the police arrested the applicant and co-accused Vishal and recovered some 760 gm of silver, however, there is no independent witness of the arrest and recovery. As a matter of fact, mother of applicant runs a jewellery shop and the applicant is engaged in selling and purchasing the ornaments. It is next contended that the co-accused Ajay Verma and Vishal Verma, having identical role, have been granted bail by this court in Criminal Misc. Bail Application Nos. 47882 of 2023 and 47731 of 2023, vide order dated 8.11.2023. The applicant claims parity. The applicant is in jail since 25.09.2023, 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 two months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused persons have 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-Love Kumar Alias Lavi, 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