Sadik v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44648 of 2023 Applicant :- Sadik Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey 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 alleging that the applicant was fount with certain documents which were prima facie not issued by the Department.

¶3The counsel for the applicant argues that the applicant was a daily wage labourer working in a stone crusher company and had no control over any document. Applicant has no criminal history.

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

¶5Considering the fact that applicant is a petty labourer, he has no criminal antecedents 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 Sadik be released on bail in FIR/ Case Crime No. 239 of 2023, under Sections 420, 467, 468, 471 IPC and 3(2) of the Prevention of Damage to Public Property Act, P.S. Gangoh, District Saharanpur, 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 :- 31.10.2023 S.A. High Court of Judicature at Allahabad