Anmol Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44605 of 2023 Applicant :- Anmol Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2This is second bail application on behalf of the accused-applicant. The first bail application was rejected on 21.3.2023 by this Court. This application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 481 of 2023, under Sections 354 (Gha), 509, 376 and 506 I.P.C. and Section 67 I.T. (Amendment) Act, Police Station-Kotwali, District-Fatehpur, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. It has been contended that during trial the informant, P.W.-1, and the victim, P.W.-2, have not supported the prosecution case and have been declared hostile. Therefore, the possibility of conviction of the applicant is remote and the applicant is in jail for almost one year i.e. since

24.12.2022, in case, he is enlarged on bail, he will not misuse the said liberty.

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

¶5Having regard to the new developments stated above and the fact that the applicant has remained confined for almost one year 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, Anmol Singh, 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.

¶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