Monu v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19182 of 2023 Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Manish 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 accused-applicant seeks bail in Case Crime No.45 of 2023 under section 392, 411 IPC, P.S Khandauli, District Agra.

¶3The FIR in question was lodged against unknown persons for commission of a theft of Active vehicle, which was allegedly recovered from the applicant.

¶4It is argued that the recovery was not in terms of the mandate of section 100 Cr.P.C. and there are no independent witnesses to the recovery, the criminal history has been duly explained in the supplementary affidavit.

¶5Considering the fact that the applicant is in custody since 27.02.2023 and the recovery, prima facie, is not in terms of the mandate of section 100 Cr.P.C., the applicant is entitled for the bail. Thus the bail application is allowed.

¶6Let the applicant Monu be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 6.11.2023 VNP/- High Court of Judicature at Allahabad