Farman v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48315 of 2023 Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Ganesh Datta Sharma Counsel for Opposite Party :- G.A.,Satish Solanki Hon'ble Vivek Varma,J.

¶1Case called out in the revised list. Counsel for the informant is not present.

¶2Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-respondent.

¶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. 417 of 2022 under Section 147, 148, 149, 307, 354B, 323, 504 and 506 of I.P.C., Police Station-Hathras Gate, District-Hathras, during pendency of the trial.

4.Counsel for the applicant submits that the applicant was not named in the first information report. Vague and general allegations of assault and indecent behaviour have been levelled against the applicant. In the statement of the victim, allegation of rape has been levelled against the co-accused, Hakim and Habib @ Pappu. Further, in the statement of the injured, no specific role has been assigned to the applicant. The applicant has not been nominated as the principal offender who assaulted the injured and acted indecently with the victim. It is next contended that the co-accused, Hakim and Habib @ Pappu, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 48470 of 2023 and 2935 of 2023 vide orders dated 09.11.2023 and 14.02.2023 respectively. The applicant is in jail since 09.10.2023, having no criminal history 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 was not named in the first information report. The applicant has not been nominated as the principal offender who assaulted the injured and acted indecently with the victim. Vague and general allegations of assault and indecent behaviour have been levelled against the applicant. Further, the co-accused, Hakim and Habib @ Pappu, have been granted bail by this Court. The applicant has no criminal antecedents. Moreover, he has remained confined for more than two months and 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-Farman, 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; 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 Sachin Mishra High Court of Judicature at Allahabad