Gaurav Kumar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51846 of 2023 Applicant :- Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record.

¶2The 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. 103 of 2023, under Sections 408, 420, 506 I.P.C., Police Station-Phaphund, District-Auraiya during pendency of the trial.

¶3The FIR in question was lodged alleging that on the basis of a search carried out, six persons named in the FIR were searched and from the co-accused Smt. Shabnam, one baby aged about 5 days was recovered and on the basis of the said, coupled with the confessional statement that the child was being taken for being sold, the applicant was apprehended.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The child was recovered from the possession of Smt. Shabnam who was granted bail by this Court vide order dated 31.10.2023 passed in Criminal Misc. Bail Application No.45930 of 2023. The case of the applicant stands on better footing to that of co-accused Smt. Shabnam. The applicant does not have any criminal history. The applicant is in jail since

9.9.2023. 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 submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that at this stage there is no substantive evidence against the applicant. The co-accused Smt. Shabnam has been granted bail by this Court. The case of the applicant stands on better footing to that of co-accused Smt. Shabnam. The applicant has no criminal antecedents. Further the applicant has presently 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 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, Gaurav Kumar 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 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 :- 4.12.2023 S.S. High Court of Judicature at Allahabad