Abhishek Gangwar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48304 of 2023 Applicant :- Abhishek Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Prateek Tyagi, learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 338 of 2023, under Sections 419, 420, 467, 468, 471, 120B IPC and Section 66 I.T. Act, Police Station Kotwali, District Bareilly, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Recovery of a samsung mobile phone has been shown from the applicant. The said mobile phone belongs to the applicant. At this stage, there is no cogent evidence to link the applicant with the offence. The case of the applicant is clearly distinguishable from that of co-accused Yogendra. The applicant is in jail since 31.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that at this stage, there is no substantive evidence against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper 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 Abhishek Gangwar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and,

(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 :- 30.11.2023 Lbm/- High Court of Judicature at Allahabad