Tushar @ Haka v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49918 of 2023 Applicant :- Tushar @ Haka Opposite Party :- State of U.P. Counsel for Applicant :- Dhruv Kumar Dhuriya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Prateek Tyagi, learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 657 of 2023, under Sections 395, 397, 412, 34 I.P.C., Police Station Vijaynagar, District Ghaziabad during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 29.08.2023 along with two other co-accused and has been falsely implicated in the instant case. False recovery of a country made pistol, a live cartridge and Rs.4 lakh has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Arun @ Arun Kumar, who was arrested along with the applicant and from whose possession Rs.3,50,000/- was recovered, has been granted bail by this Court in Criminal Misc. Bail Application No. 48688 of 2023, Arun @ Arun Kumar v. State of U.P., vide order dated 23.11.2023. The applicant claims parity. The applicant is in jail since 29.08.2023 having no criminal history and if he is released 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 learned counsel for the parties and after perusal of 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 alleged recovery. Identically placed co-accused Arun @ Arun Kumar, who was arrested along with the applicant and from whose possession Rs.3,50,000/- was recovered, has been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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-Tushar @ Haka, 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 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 :- 13.12.2023 SKT/- High Court of Judicature at Allahabad