Sameer Kumar v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46590 of 2023 Applicant :- Sameer Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Kumar Sonkar,Kundan Kumar 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 against the persons named in the FIR regarding a theft money bag.

¶3It is argued by the Counsel for the applicant that no amount was recovered from the applicant and the recovery was effected against the co-accused Mohd. Zidan Umar and Krishna Paswan, who have already been enlarged on bail by this Court vide orders 06.04.2023 and 13.04.2023 respectively. He further argues that the applicant has no criminal case and is in custody since 11.06.2023.

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

¶5Considering the fact that the co-accused from whom major recovery was effect have been enlarged on bail coupled with the fact that the applicant does not have any criminal antecedents and is in custody since 11.06.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Sameer Kumar be released on bail in FIR/ Case Crime No.27 of 2023, under Section 380 IPC, Police Station GRP, District Kanpur Nagar 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 :- 2.11.2023 akverma High Court of Judicature at Allahabad