Abhishek Singh@ Bhonu Singh@ Golu v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42382 of 2023 Applicant :- Abhishek Singh@ Bhonu Singh@ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Mohan Singh 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. 170 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station-Jiyanpur, District-Azamgarh during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant did not initiate the correspondence nor was he involved in the process of grant of recognition to the college. It is next contended that the co-accused Bal Karan @ Sadhu Yadav has been granted bail by this Court vide order dated 11.4.2022 passed in Criminal Misc. Bail Application No. 15010 of 2022. The applicant claims parity. The criminal history of the applicant has been explained in para 11 of the bail application. The applicant is in jail since 20.5.2023. 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 at this stage there is no substantive evidence against the applicant. Identically placed co-accused Bal Karan @ Sadhu Yadav has been granted bail by this Court. Further the applicant has presently remained confined for more than six 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, Abhishek Singh @ Bhonu Singh @ Golu 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 :- 8.12.2023 S.S. High Court of Judicature at Allahabad