Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 11642 (ALL)

LAEEK v. STATE OF U.P.

BAIL/2630/2025 · 2025-02-11

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:19861 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2630 of 2025 Applicant :- Laeek Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. 2.The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.197 of 2024, under Sections 323, 420, 467, 468, 504, 506 I.P.C., Police Station Sambhal, District Sambhal, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The sale deed dated 30.08.2018 executed by the father of the applicant and the sale deed dated 30.03.2024 executed by the applicant and his two brothers, pertains to two different parcels of land. The case is purely civil in nature. No civil suit has been instituted by the informant. The instant prosecution has been instituted only for the purposes of harassment. The applicant is in jail since 20.10.2024, 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 the case is purely civil in nature. 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 three 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. 6. Let the applicant Laeek, 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 :- 11.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad