Tekan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44371 of 2023 Applicant :- Tekan Opposite Party :- State of U.P. Counsel for Applicant :- Sukrampal Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in S.T. No. 906 of 2014 arising out of Case Crime No. 459 of 2014, under Section 3/25 Arms Act, Police Station Kosikalan, District-Mathura, during the pendency of the trial.

¶3Learned counsel for the applicant submits that initially the accused-applicant was granted bail on 19.09.2014 in the instant case. The applicant is resident of other State (Haryana) and after release, the counsel did not inform the applicant about the B.W. and N.B.W. However, after coming to know about the N.B.W. order, the applicant on 25.08.2023 himself surrendered before the Court and moved the bail application which has been rejected by the trial Court and since then the applicant has been in jail. It is submitted that the applicant would appear before the trial court on each and every date fixed by it.

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

¶5Considering the rival submissions of learned counsel for parties, as it is a case of abscondance and the applicant undertakes to cooperate in the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant-Tekan 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 tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

(iv) the applicant shall not leave the territory of Mathura without prior permission of the trial court.

¶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 :- 2.12.2023 S.Verma High Court of Judicature at Allahabad