Allowed

Brijesh Kumar @ Ulfat v. State of U.P.

Allahabad HC4 Feb 2025BAIL/2536/2025

Case brief

AI extract

What is this about?

High Court enlarged the applicant on bail in a criminal case under Sections 394 and 411 IPC. The trial had pending for a considerable period with no hope of early conclusion. The applicant fulfilled bail conditions regarding appearance and non-interference.

What did the court decide?

Applicant released on bail on personal bond and two heavy sureties subject to conditions of appearance, no tampering, and no leaving district without permission.

Brijesh Kumar @ Ulfat vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:15704

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2536 of 2025

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Applicant :- Brijesh Kumar @ Ulfat Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the state.

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The present bail application has been filed to enlarge the applicant on bail in Special Case No. 01 of 2017, Case Crime No. 122 of 2016, under Sections 394 and 411 of I.P.C., Police Station Bharthana, District Etawah, during the pendency of trial.

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Counsel for the applicant submits that earlier the applicant was granted bail by the concerned Session Court vide order dated 12.05.2017. Though, the applicant participated in the trial for considerable period, the trial could not conclude and at the same time due to unavoidable reasons the applicant could not appear before the court concerned on the certain dates.Consequently, nonbailable warrant was issued on 20.01.2021. The applicant was apprehended again on 17.09.2024 and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned.

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Learned AGA 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 had earlier appeared and contested the proceedings for considerable period, however, the trial could not conclude and further the applicant has presently remained confined for more than four months and 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 intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Brijesh Kumar @ Ulfat involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses, and;

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(iv) shall not leave district without the leave of 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 :- 4.2.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Brijesh Kumar @ Ulfat v. State of U.P.

Case brief

What is this about?

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Brijesh Kumar @ Ulfat v. State of U.P.

Case brief

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