Allahabad High Court
Imran vs State Of U.P. on 13 May, 2021
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19297 of 2021
Applicant :- Imran
Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Atul Kumar, learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
Learned A.G.A. states that no notice is received regarding the bail application.
In response, Sri Atul Kumar, learned counsel for the applicant states that complete application and documents annexed there with has been uploaded on the e-mail of the State authorities. Whatsaap messages have also been sent to the employee of the office concerned.
This bail application is being decided at this stage hearing the parties. If any fact / material has been suppressed by the applicant, State will be at liberty to file bail cancellation application.
It is submitted by learned counsel for the applicant that it is purely a case of circumstantial evidence. Although matter relates to the year 2011, yet there is no direct evidence against the applicant to connect him with this matter. Referring to the documents annexed with the application, it is further argued that no notice was served upon the applicant after submission of charge-sheet. Case of the applicant was separated with the co-accused. Referring to the judgment and order passed in respect of co-accused, which is annexed with the application, it is further argued that co-accused have been acquitted. Witnesses examined in the matter did not support the prosecution case. None has witnessed the incident. Applicant is languishing in jail since 8.4.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Imran involved in Case Crime No.453 of 2011 under Sections 302, 201 IPC, Police Station Shahpur, District - Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021
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