Suraj v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22171 of 2023 Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Renu Sharma,Arunesh Kumar Singh,Durga Prasad Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Durga Prasad Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 323 of 2022, under Sections 419, 420, 468, 471 IPC & 66-D I.T. Act, Police Station-Belghat, District-Gorakhpur, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on

02.03.2023 and he is pressing the instant second bail application on the ground that applicant is in jail since 23.12.2022 i.e. for almost a year and all the offences are triable by Magistrate-1st Class and till date, trial of the case could not be concluded. He further submitted that that applicant is not having any criminal history to his credit.

¶4Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court but it appears that all the offences are triable by Matistrate-1st Class and applicant is in jail since December, 2022 i.e. for almost a year and he is not having any criminal history to his credit.

¶7Therefore, considering the facts and circumstances of the case discussed above, particularly the long incarceration of the applicant of about a year, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant-Suraj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.12.2023 KK Patel High Court of Judicature at Allahabad