Naushad v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48367 of 2023 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by the counsel for the applicant, is taken on record.

¶2Heard learned Counsel for the applicant and Sri Vinod Kumar Tiwari, learned A.G.A. for the State and perused the record.

¶3The 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. 477 of 2023, under Sections 420, 406, 506 I.P.C., Police Station-Tronika City, District-Gramin (Commissionarate Ghaziabad) during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant neither executed the sale-deed in favour of the informant nor executed any power of attorney. Vague and general allegations have been levelled against the applicant. At present there is no cogent evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 19 of the affidavit. The applicant is in jail since 21.09.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant neither executed the sale deed in favour of the informant nor executed any power of attorney. At this stage, there is no substantive evidence against the applicant. 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 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.

¶7Let the applicant, Naushad involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In 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