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2025 DAILYLAW 113448 (ALL)

SURESH KUMAR v. STATE OF U.P.

BAIL/47359/2024 · 2025-01-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10346 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47359 of 2024 Applicant :- Suresh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kavita Mishra,Thakur Prasad Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and learned AGA for the State- opposite party. 2.The instant bail application under Section 439 of Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.142 of 2024, under Sections 419, 420, 466, 468, 471 of I.P.C., Police Station Ghoorpur, District Prayagraj, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case owing to certain other dispute between the parties. The applicant has not produced any forged Entry Pass of the vehicle to the informant. At this stage there is no credible evidence to connect the applicant with the offence. The applicant is in jail since 10.12.2024, 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 heard counsel for the parties and having perused the record this Court prima facie finds that at this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents and has remained confined for more than two 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Suresh Kumar, involved in the aforesaid case crime 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 :- 21.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad