Allowed

Ajay and Another v. State of U.P.

Allahabad HC22 Aug 2023BAIL/34290/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. granted after nearly two and a half months of detention. The Court held that without reasonable apprehension of tampering evidence or intimidating witnesses, the applicants are entitled to bail.

What did the court decide?

Applicants released on bail on personal bond and two sureties each, conditioned not to temper with evidence, pressurize witnesses, or appear on every date fixed.

Ajay and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:168269

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34290 of 2023

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Applicant :- Ajay And Another Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicants and learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 156 of 2023, under Sections 395, 412 I.P.C., Police StationSurir, District- Mathura, during pendency of the trial.

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Counsel for the applicants submits that the applicants were not named in the first information report. The applicants were arrested in Case Crime No. 113 of 2023, under Sections, 147, 148, 149, 307, 399, 402, 412 I.P.C. and 3/4 Arms Act, P.S. Mant, District Mathura along with seven persons and have been implicated in the instant case. False recovery of a knife has been shown from the applicant no.1 and a country made pistol and two live cartridges has been shown from the applicant no.2. There is no independent witness to the alleged recovery. The money recovered from the applicants belongs to them. No test identification parade was got conducted by the police authorities. Prior to the instant case the applicants do not have any criminal history, however after their arrest they have been implicated in other cases. The applicants are in jail since 14.6.2023. In case they are enlarged on bail, they will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost two and half 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

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applicants are entitled to be enlarged on bail.

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Let the applicants, Ajay and Asfaq involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicants shall not temper with the prosecution evidence;

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ii. the applicants shall not pressurize the prosecution witness;

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iii. the applicants shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.8.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Ajay and Another v. State of U.P.

Case brief

What is this about?

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Ajay and Another v. State of U.P.

Case brief

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