Yaseen vs State Of U.P.
2023 Latest Caselaw 2821 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45857 of 2022
 

 
Applicant :- Yaseen
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Amir Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant Yaseen with a prayer to release him on bail in Case Crime No.641 of 2015, under Sections 147, 148, 149, 307 I.P.C., P.S. Sikandrarau, District Hathras during pendency of the trial.

It is argued by learned counsel for the applicant that the applicant was released on bail by Sessions Judge, Hathras by order dated 14.03.2016, thereafter, applicant did not participate in court proceedings and went to Surat(Gujarat) for livelihood. Trial court vide order dated 22.05.2018 issued non-bailable warrant against the applicant. He next argued that the applicant was not directly involved in the present case and co-accused Afsar's case was separated from applicant and trial court after recording evidence acquitted co-accused Afsar by judgment and order dated 31.05.2022. He next argued that applicant is not involved in any offence during the period of abscond. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 31.08.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Yaseen, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two heavy sureties of Rs.1,00,000/- subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably, within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.

Order Date :- 27.1.2023

SKD