Ajay Singh @ Naresh Chauhan v. State of U.P Through Its Principal Secretary (Home)

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34384 of 2023 Applicant :- Ajay Singh @ Naresh Chauhan Opposite Party :- State Of U.P Through Its Principal Secretary

(Home) Counsel for Applicant :- Avnish Kumar Srivastava,Mohammad Afzal Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against two unknown persons alleging that they snatched the bag carrying money. Subsequently, the applicant was linked with the offence in question based upon the recovery of Rs.20,320/-.

¶3It is argued by the Counsel for the applicant that the said recovery was effected from the applicant in another case of Case Crime No.260 of 2023, however, there is no material to link the applicant in the present case in question. The applicant has not been identified by the victim also.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the recovery allegedly effected from the applicant in Case Crime No.260 of 2023, prima facie, cannot be linked with the offence in question and the applicant is on bail in the said case and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Ajay Singh @ Naresh Chauhan be released on bail in FIR/ Case Crime No.203 of 2023, under Sections 392, 411, 120B IPC, Police Station Akbarpur, District Kanpur Dehat on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 akverma High Court of Judicature at Allahabad