Zakir @ Jattal v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52897 of 2023 Applicant :- Zakir @ Jattal Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad 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. 15 of 2023, under Sections 457, 380, 411 IPC, Police Station Lohiya Nagar, District Meerut, 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 26.09.2023 along with three other co-accused persons and has been falsely implicated in the instant case. False recovery has been shown from the joint possession of the applicant and other accused persons. There is no independent witness to the alleged recovery. The other co-accused persons, who have arrested alongwith the applicant, have been enlarged on bail by the trial court. Criminal history of the applicant has been explained in paragraphs no. 14 to 24 of the affidavit. The applicant is in jail since 26.09.2023 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. The other co-accused persons, who have arrested along with the applicant, have been granted bail by the trial court. At this stage, there is no substantive evidence against the applicant. The applicant has remained confined for two 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 Zakir @ Jattal, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and,

(v) shall appear on first Sunday of every month at the Police Station concerned.

¶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 :- 11.12.2023 Lbm/- High Court of Judicature at Allahabad