Chhote v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53632 of 2023 Applicant :- Chhote Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Shamim Khan,Deepak Singh Patel Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri N.K. Sharma, 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. 326 of 2023, under Sections 272, 273 I.P.C., and section 60 of U.P. Excise Act, Police Station-Mainather, District-Muradabad during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of illicit liquor and other instruments has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. There is no report to establish that the liquor recovered is spurious or obnoxious. The criminal history of the applicant has been explained in para 12 of the bail application. The applicant is in jail since 22.10.2023. 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 there is no independent witness to the alleged recovery. Further the applicant has presently 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 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, Chhote 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 :- 14.12.2023 S.S. High Court of Judicature at Allahabad