Ummed v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44831 of 2023 Applicant :- Ummed Opposite Party :- State of U.P. Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra 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 alleging therein that 14-15 unknown persons after tiding the wife of the informant and his neighbour Balveer Singh and his wife looted Rs. 2000/-, fawda, kudal and calf and looted from the spot.

¶3Learned counsel for the applicant submits that applicant earlier released on bail in the present matter in the year 2010, however the applicant being a poor labour went to NOIDA for his livelihood and could not appear before the court concerned and due to his absence, N.B.W. was issued against him and when he came to know that coercive measures are being taken against him then he immediately surrendered before the court concerned and given an undertakings to cooperate with the trial. It is further submitted that applicant has no criminal antecedent except the present one and he is in jail since 24.7.2023.

¶4Learned AGA has opposed the bail application.

¶5Considering the facts and circumstances of the case, considering the statement couple with the fact that the applicant was on bail, he is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶6Let the applicant Ummed be released on bail in FIR No. 210 of 2010, under Sections 395 and 342 I.P.C,. P.S. Gaunda, district-Aligarh, on his furnishing a personal bond with two sureties of Rs.30,000/- 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 :- 1.11.2023 Faridul High Court of Judicature at Allahabad