Tinku v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47292 of 2023 Applicant :- Tinku Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Dwivedi,Gagan Mohan 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 alleging theft of a tractor against unknown person. Subsequently, three persons were apprehended including the applicant.

¶3The Counsel for the applicant argues that the applicant had taken a lift with the tractor and there is no material to demonstrate that the applicant was involved in the offence in question.

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

¶5Considering the fact that the applicant has not committed any offence prior to the office in question coupled with the fact that the applicant is in custody since

06.09.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Tinku be released on bail in FIR/ Case Crime No.169 of 2023, under Sections 454, 380, 411 IPC, Police Station Barla, District Aligarh 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 :- 6.11.2023 akverma High Court of Judicature at Allahabad