Geetanand v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46835 of 2023 Applicant :- Geetanand Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad 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 unknown person. Subsequently, on the alleged joint recovery of the vehicle, the applicant has been implicated with the offence in question.

¶3The Counsel for the applicant argues that the recovery is not in terms of the mandate of Section 100 of Cr.P.C.

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

¶5Considering the fact that the recovery is not in accordance with the mandate of Section 100 of Cr.P.C. and the applicant is in custody since 26.08.2023 and has no criminal history, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Geeta Nand be released on bail in FIR/ Case Crime No.712 of 2023, under Sections 379, 411 IPC, Police Station Auraiya, District Auraiya 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 :- 3.11.2023/akverma High Court of Judicature at Allahabad