Mohd Sharif v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52967 of 2023 Applicant :- Mohd Sharif Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State.

¶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. 692 of 2023, under Section 307 of I.P.C., Sections 3/5/8 of Cow Slaughter Act, 1955, and Section 3/25 of Arms Act, Police Station-Bhojipura, District-Bareilly during pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. It is a case of firing on the police party. No police personnel has received any injury. In fact, the applicant had received injury on his right leg. False recovery of a country made pistol and cow meat as well as other articles has been shown from the applicant. There is no independent witness to the alleged recovery. The applicant is in jail since 04.11.2023, having no criminal history. 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 facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that in the alleged incident, no police personnel has received any injury. There is no independent witness to the alleged recovery. Further, the applicant has no criminal antecedents and has remained confined for more than one month 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Mohd Sharif, 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, 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 :- 11.12.2023 Sachin Mishra High Court of Judicature at Allahabad