Allahabad High Court
Dheeraj vs State Of U.P. on 21 August, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:168598 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36352 of 2023 Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Shukla,Suraj Pandey 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. 193 of 2023, under Sections 489A, 489B, 489C, 489D IPC, Police Station Sector 63 NOIDA, District Gautam Budh Nagar, 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 has been shown from the applicant. There is no independent witness to the alleged recovery. A mobile phone has also been shown from the applicant. The said mobile phone belongs to the applicant. The applicant is in jail since 29.04.2023 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 four 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 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 :- 21.8.2023 Lbm/-