Anuj v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45893 of 2023 Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Yadvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged against three unknown persons with regard to commission of offence. Contention of learned counsel for the applicant is that the name of the applicant surfaced in the statement of the co-accused and apart from the said, there is no evidence so as to link the applicant with the offence in question. It is also argued that one of the co-accused has been enlarged on bail vide order passed in Criminal Misc. Bail Application No.45622 of 2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicant was not named in the FIR and his name surfaced in the statement of the co-accused who has been enlarged on bail, as such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Anuj be released on bail in FIR No.473 of 2023, under Section 395, 412 IPC & Section 3/25 of Arms Act, P.S. Soron, District Kasganj on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of 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 :- 31.10.2023/nishant High Court of Judicature at Allahabad