Aman Khan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47971 of 2023 Applicant :- Aman Khan Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir 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 record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 297 of 2023 under Sections 395, 412 I.P.C., Police Station-New Agra, District-Agra, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has neither been named in the F.I.R. nor arrested from the spot. It is contended that the police arrested the applicant in Case Crime No. 330 of 2023 u/s 8/20 N.D.P.S. Act, and on the same day, the applicant has been falsely implicated in this case only on the basis of recovery of Rs. 1450/- which the applicant claims to be his own. No case property has been recovered from the possession of the applicant nor any identification parade has been conducted by the police to get the case property and the applicant recognized by the informant. The criminal history of the applicant has been explained in para 14 of the affidavit. The applicant is in jail since 27.07.2023, 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 submissions made above and the fact that the applicant has remained confined for more than four months, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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-Aman Khan, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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