Yogesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49409 of 2023 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Pachauri 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. 178 of 2023 under Sections 420, 386, 506 I.P.C., Police Station-Meerapur, District-Muzaffar Nagar, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. Neither the date nor the time of the alleged incident has been mentioned in the F.I.R. As a matter of fact, the victim had taken loan from the applicant's company and was not paying the installment for which the applicant visited the place of the victim and due to this reason, the victim has falsely implicated him. It is next contended that the co-accused Surya @ Monti, having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 47087 of 2023 vide order dated 6.11.2023. The applicant claims parity. The applicant is in jail since 15.09.2023, 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 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-Yogesh, 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