Ajay v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45693 of 2023 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek 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 Counsel for the applicant argues that the applicant was not named in the FIR. Subsequently, however, based upon another case being Case Crime No.100 of 2023, the applicant is being implicated in the present case also. It appears from the record that the applicant has been enlarged on bail in Case Crime No.100 of 2023 vide order dated 16.08.2023.

¶3Learned A.G.A. vehemently opposed the bail prayer.

¶4Considering the fact that the applicant has been implicated in the present case solely based upon his implication in the earlier case in which he is on bail 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 be released on bail in FIR/ Case Crime No.208 of 2023, under Sections 379, 411 IPC, and Section 150 of the Railway Act, Police Station Jani, District Meerut 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