Akash vs State Of U.P.
2023 Latest Caselaw 1164 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38204 of 2022
 

 
Applicant :- Akash
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Shams Uz Zaman
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.277 of 2013 at Police Station-Ramala, District-Baghpat under Section 307 IPC. The applicant is in jail since 05.10.2016.

The bail application of the applicant was rejected by the learned trial court on 22.07.2022.

The following arguments made by Shri Shams Uz Zaman, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned A.G.A. from the record, entitle the applicant for grant of bail:

(1). The applicant was nominated in a fake encounter staged by the police authorities only to burnish their professional credentials.

(2). No person from the police party was injured in the incident.

(3). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is convenient scapegoat for the police authorities. The applicant was repeatedly nominated him only to show proficiency of the police. The said cases do not have any bearing on the instant bail application.

(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

Learned counsel for the applicant has not been able to apply for bails in large number of cases which are depicted in para 6 of the bail application.

It is contended that the sole cause for failure of the applicant to seek legal redress is on account of his financial destitution and abandonment by his family members. The applicant does not have any effective pairokar. As per the aforesaid averments in the said paragraphs in a large number of cases the bail applications have not been applied for the past 10 years.

This is a matter of concern.

Learned A.G.A. calls attention to the judgment

The Secretary, District Legal Services Authority, Baghpat, shall enquire into the matter and examine the failure of the District Legal Services Authority, Baghpat to comply with the directions of this Court in Criminal Misc. Bail Application No.16961 of 2022 (Anil Gaur @ Sonu @ Sonu Tomar v. State of U.P.).

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant-Akash be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

Order Date :- 11.1.2023

Ashish Tripathi