Asif v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53655 of 2023 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Kumar Mishra,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri V.P. Tripathi, 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. 65 of 2023, under Sections 307 I.P.C., and Section 5A/8 Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station-Sikandrarau, District-Hathras during pendency of the trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant is neither the owner nor the driver of the alleged truck. The name of the applicant was disclosed by one Ikbal in police custody. The said statement insofar as it implicates the applicant, is unreliable. No recovery of any incriminating item has been made from the applicant. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 25.9.2023. 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 the applicant was not named in the first information report. The name of the applicant was disclosed by one Ikbal in police custody. No recovery of any incriminating item has been made from the applicant. Further the applicant has presently remained confined for more than two months 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, Asif 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