Irshad v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52596 of 2023 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-respondent.

¶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. 374 of 2022, under Sections 380, 411 IPC, Police Station Sadar Bazar, District Saharanpur, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 08.03.2023 along with other co-accused persons in Case Crime No. 48 of 2023, under Section 414, 120-B IPC, Police Station Janakpuri, District Saharanpur and has been falsely implicated in the instant case. False recovery of ornaments made of gold and white metal has been shown from the applicant. There is no independent witness to the alleged recovery. Criminal history of the applicant has been explained in para 11 of the affidavit. The applicant is in jail since

08.03.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA 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 named in the first information report. There is no independent witness to the recovery. At this stage, there is no substantive evidence against the applicant. The applicant has remained confined for almost nine months and after submission of the charge-sheet 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 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 Irshad, involved in the 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; and,

(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 :- 8.12.2023 Lbm/- High Court of Judicature at Allahabad