Allahabad High Court
Kasim vs State Of U.P. on 19 September, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:180811
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20478 of 2023
Applicant :- Kasim
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Vishwakarma
Counsel for Opposite Party :- G.A.,Anuj Kumar Gupta
Hon'ble Ajay Bhanot,J.
By means of the second bail application the applicant has prayed to be enlarged on bail in Case Crime No.228 of 2021 at Police Station-Hayat Nagar, District-Sambhal under Sections 302, 201, 34 IPC.
The first bail application of the applicant was rejected by this Court on 06.07.2022.
The following arguments made by Shri Rajesh Kumar Vishwakarma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Anil Kumar, learned counsel holding brief of Shri Anuj Kumar Gupta, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
The applicant is in jail since 01.06.2021. The applicant is a law abiding citizen and had always cooperated with the investigations and joined the trial. The applicant never tampered with evidence nor did he influence any witness.
1. The status report sent by the learned trial court records that the prosecution proposes to examine 15 witnesses to bring home charges against him. However, till date only eight witnesses have been examined.
2. The status report also discloses that the prime eye witness namely, Noor Fatma was discharged from appearing as a prosecution witness at the instance of the prosecution on an application made by the prosecution.
3. The prosecution has withheld its best evidence as the same would refute the prosecution case and adverse inference is liable to be drawn against the prosecution..
4. All other eye witnesses have been examined. Only formal witnesses are yet to be examined.
5. Continued incarceration will disable the applicant from framing his defence and gathering evidence to refute the prosecution case and establish his innocence.
6. The applicant undertakes to cooperate in the further trial proceedings.
7. The applicant does not have any criminal history apart from this case.
8. 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.
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- Kasim 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.
The trial court shall proceed the trial proceedings in light of judgment rendered by this Court on 06.07.2022.
Order Date :- 19.9.2023
Ashish Tripathi
