Allowed

Abhijeet @ Lala v. State of U.P.

Allahabad HC1 Dec 2023BAIL/47778/2023

Case brief

AI extract

What is this about?

This High Court allowed a bail application under Section 439 Cr.P.C. granting release to the applicant on a personal bond and sureties. The court noted the applicant was not named in the FIR, recovery evidence was flawed, no independent witness existed, and the co-accused had already been granted bail. The applicant has no criminal history, and the trial is not expected to conclude early. Bail con

What did the court decide?

Released on bail on personal bond and two sureties under conditions of not tampering with evidence and appearing on all fixed dates.

Abhijeet @ Lala Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:227257

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47778 of 2023

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Applicant :- Abhijeet @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, 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 applicant on bail in Case Crime No. 712 of 2023, under Sections 379, 411 I.P.C., Police StationAuraiya, District- Auraiya, during pendency of the trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. False recovery of the alleged vehicle has been shown from the joint possession of the applicant and other co-accused persons. There is no independent witness to the recovery. The co-accused Geeta Nand has been granted bail by this Court vide order dated 03.11.2023 passed in Criminal Misc. Bail Application No. 46835 of 2023. The applicant claims parity. The applicant is in jail since 26.08.2023 having no criminal history and in case he is enlarged on bail, he 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 heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the recovery. The co-accused Geeta Nand has been granted bail by this Court. The applicant has no criminal antecedents. The applicant 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 the merits of the case, I am of the opinion that the

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applicant is entitled to be enlarged on bail.

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Let the applicant Abhijeet @ Lala involved in the aforesaid case be released on bail on his 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 applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court; and,

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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 :- 1.12.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Abhijeet @ Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhijeet @ Lala v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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