Ram Kumar @ Raj Kumar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48959 of 2023 Applicant :- Ram Kumar @ Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Lavlesh Kumar Sharma 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. 273 of 2021, under Sections 420, 467, 468, 471, 379, 411, 413, 414 I.P.C., Police Station-Mauranipur, District-Jhansi during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was not arrested at the spot. The applicant was nominated as an accused in the first information report pursuant to the statement of the co-accused Manoj Kumar and Chandan before the police authorities. The said statements, insofar as it implicate the applicant is unreliable. The alleged recovery is false and planted. There is no independent witness to the recovery. It is next contended that the co-accused Manoj and Chandan have been granted bail by this Court vide orders dated 20.12.2021and 24.1.2022 passed in Criminal Misc. Bail Application Nos.33402 of 2021 and 37593 of 2021 respectively. The applicant does not have any criminal history. The applicant is in jail since 21.9.2023. 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 heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not arrested at the spot. There is no independent witness to the recovery. The applicant was nominated as an accused in the first information report pursuant to the statement of the co-accused Manoj Kumar and Chandan before the police authorities. The co-accused Manoj and Chandan have been granted bail by this Court. 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.

¶6Let the applicant, Ram Kumar @ Raj 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.

¶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 :- 6.12.2023 S.S. High Court of Judicature at Allahabad