Mohit v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46973 of 2023 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai 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 unknown persons. Subsequently, based upon a recovery of Rs.33,000/- and a mobile phone, the applicant was linked with the offence in question. It is argued that the recovery is contrary to the mandate of Section 100 Cr.P.C. and the applicant has no criminal history.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the recovery is prima-facie not in consonance with Section 100 Cr.P.C., the applicant was not named in the FIR and has no criminal history, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Mohit be released on bail in FIR No.556 of 2023, under Section 392 & 411 IPC, P.S. Najibabad, District Bijnor 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 :- 3.11.2023 nishant High Court of Judicature at Allahabad