Priyanshu Rajoriya @ Prince v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48295 of 2023 Applicant :- Priyanshu Rajoriya @ Prince Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

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

¶2Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State.

¶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. 538 of 2023, under Sections 307, 34 and 147 of I.P.C., Police Station-Banna Devi, District-Aligarh during pendency of the trial.

¶4Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the allegations in the first information report, the co-accused, Shivam Thakur @ Shiv Thakur is alleged to have caused fire arm injury on the injured, Harsh. Subsequently, in the statement of the injured, the applicant was nominated as the person who caused the fire arm injury on the left thigh of the injured. It is next contended that the co-accused, Shivam Thakur @ Shiv Thakur, has been granted bail by this Court vide order dated 09.11.2023 in Criminal Misc. Bail Application No. 46597 of 2023. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in another case. The applicant is in jail since 05.09.2023. 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 facts from the record.

¶6Having heard learned 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 injured sustained injury on non-vital part of the body. The co-accused, Shivam Thakur @ Shiv Thakur, has been granted bail by this Court. At this stage, it cannot be said that the applicant had any intent to murder the injured. Further, the applicant has remained confined for more than two months and 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Priyanshu Rajoriya @ Prince, 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 tempfourer 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