Dipak Jha v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25814 of 2023 Applicant :- Dipak Jha Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar,Ajay Kumar Giri Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2The accused-applicant seeks bail in Case Crime No.29 of 2023 under sections 392, 411 IPC, P.S. Luxa, District Varanasi.

¶3The FIR was lodged alleging that the applicant was involved in snatching of chain outside a temple and the chain was allegedly recovered from the applicant.

¶4The counsel for the applicant argues that the recovery is not in accordance with the mandate of Section 100 Cr.P.C. and the applicant has been falsely implicated in the case. It is argued that that the applicant has no criminal antecedents and is in custody since 26.04.2023.

¶5Considering the nature of the allegations levelled coupled with the fact that prima-facie recovery is not in accordance with section 100 Cr.P.C., the applicant who has no criminal antecedents and is in custody since 26.04.2023 is entitled to be enlarged on bail. Thus the bail application is allowed.

¶6Let the applicant Dipak Jha be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 1.11.2023 VNP/- High Court of Judicature at Allahabad