Ritesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40079 of 2023 Applicant :- Ritesh Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi 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 Case Crime No. 733 of 2013, under Section 148, 307/149, 323/149, 504, 506 I.P.C., Police Station Iglas, District-Aligarh, during the pendency of the trial.

¶3Learned counsel for the applicant submits that initially the accused-applicant was granted bail on 12.3.2014, thereafter he appeared till 4.1.2021. On 25.2.2022, due to his non appearance N.B.W. was issued. On 18.4.2023, the applicant was arrested and sent to jail, since then he has been in jail. It is contended that the applicant is suffering from mental disorder and due to this reason, he went out side the State where he became saint. 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-Ritesh, 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 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 district Aligarh, 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 :- 5.12.2023 S.Verma High Court of Judicature at Allahabad