Allahabad High Court
Sunil Kumar vs State Of U.P Through Its Principal ... on 25 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:172028 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34907 of 2023 Applicant :- Sunil Kumar Opposite Party :- State Of U.P Through Its Principal Secretary(Home) At Lko. Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondent 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, 489D IPC, Police Station Kadirigate, District Farrukhabad, during the pendency of 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. 5,400/- 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 06.07.2023 having no criminal history 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 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Sunil Kumar, 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 :- 25.8.2023 Lbm/-