Allahabad High Court
Suraj @ Surya @ Pradeep Yadav vs State Of U.P. on 29 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173811 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36713 of 2023 Applicant :- Suraj @ Surya @ Pradeep Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The 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. 135 of 2023, under Sections 489A, 489B, 489C and 489D I.P.C., Police Station- Kadrigate, District- Farrukhabad during pendency of the trial.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of counterfeit currency of Rs. 12,000/- has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that co-accused Saurabh Yadav and Saurabh Suman, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 35882 of 2023 and 35602 of 2023 vide orders dated 17.08.2023 and 22.08.2023. The applicant claims parity. The applicant is in jail since 05.07.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having regard to the submissions made above and the fact that the applicant has remained confined for more than one month 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant, Suraj @ Surya @ Pradeep Yadav 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; iii. the applicant shall appear on each and every date fixed by the trial court.
7. In 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 :- 29.8.2023 S.S.