Allahabad High Court
Dheeraj Shakya vs State Of U.P. on 15 September, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:178565 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40236 of 2023 Applicant :- Dheeraj Shakya 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 and learned AGA for the State-respondent.
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, 489D IPC, Police Station Kadrigate, District Farrukhabad, during the pendency of trial.
3. Counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. No recovery of any incriminating article has been made from the applicant. The co-accused Suraj @ Surya @ Pradeep Yadav, who was arrested at the spot has been granted bail by this Court in Criminal Misc. Bail Application No. 36713 of 2023 vide order dated 29.08.2023. The case of the applicant is on better footing than that of co-accused Suraj @ Surya @ Pradeep Yadav. The criminal history of the applicant has been explained in paras 14 and 15 of the affidavit. The applicant is in jail since 31.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.
4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not arrested at the spot; the co-accused, who was arrested at the spot, has been granted bail by this Court 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant Dheeraj Shakya, 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 the 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;
(iii) shall not pressurize the prosecution witnesses.
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 :- 15.9.2023 Lbm/-