Allahabad High Court
Vasu Dev vs State Of U.P. on 7 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:157654 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34416 of 2023 Applicant :- Vasu Dev Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui 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.255 of 2021, under Sections 380, 411 I.P.C., Police Station- Kalan, District- Shahjahanpur during pendency of the trial.
3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 20.6.2021 in case crime no. 291 of 2021, P.S. Katra, District Shahjanour, under Section 147, 148, 149, 307 I.P.C. along with 15 persons and has been falsely implicated in the instant case. False recovery has been shown from the pointing out of the applicant and other co-accused persons. There is no independent witness to the alleged recovery. It is contended that the co-accused Dharmendra Gupta @ Kallu and Sukhpal, having identical role, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 39033 of 2021 and 47635 of 2021 vide order dated 3.12.2021 and 15.12.2021 respectively. The applicant claims parity. The criminal history of the applicant has been explained in 10 of the affidavit. In all the case the applicant has been granted bail. The applicant is in jail since 21.6.2023. 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 almost one and half months 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, Vasu Dev 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 :- 7.8.2023 S.S.