Allahabad High Court
Sompal vs State Of U.P. on 5 November, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:173011 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38311 of 2024 Applicant :- Sompal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State-respondent.
2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.241 of 2024, under Sections 147, 504, 506, 307, 457, 427, 380 I.P.C., Police Station- C.B. Ganj, District-Bareilly, during the pendency of the trial.
3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 08.05.2024. The application under Section 156 (3) Cr.P.C. for registration of first information report was filed before the competent court on 31.05.2024. The delay is fatal to the prosecution case. In the alleged incident one Omprakash received injury on his left elbow. The said injury is not on the vital part of the body. The applicant had no intent to murder the injured. The criminal history of the applicant has been explained in para no.17 of the affidavit. The applicant is in jail since 31.07.2024 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 heard counsel for the parties and having perused the record this Court prima facie finds that the incident is alleged to have occurred on 08.05.2024. The application under Section 156 (3) Cr.P.C. for registration of first information report was filed before the competent court on 31.05.2024. In the alleged incident one Omprakash received injury on his left elbow. Further, the applicant has remained confined for more than three 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-Sompal, involved in 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 :- 5.11.2024 Neeraj