Karan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46905 of 2023 Applicant :- Karan Opposite Party :- State of U.P. Counsel for Applicant :- Preetam Yadav 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 three unknown persons. Subsequently, based upon the statement of the co-accused, the applicant was apprehended and linked with the offence in question. Contention of counsel for the applicant is that a theft of a purse was alleged in the FIR; no identification parade was carried out and no recovery of any substantial amount except an amount of Rs.950/- was shown against the applicant. The applicant has no criminal antecedent prior to the offence in question.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicant was not named in the FIR, the applicant has been apprehended solely based upon the statement of the co-accused coupled with the fact that the applicant has no criminal antecedent prior to the offence in question and is in custody since 09.07.2023, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Karan be released on bail in FIR No.484 of 2023, under Section 394, 411 IPC, P.S. Tundla, District Firozabad 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