Mahendra v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47450 of 2023 Applicant :- Mahendra Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Srivastava 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 two unknown persons alleging that they were responsible for snatching a chain. Subsequently, based upon recovery which, according to the applicant, is not in terms of Section 100 Cr.P.C., the applicant was implicated. 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 and had no criminal antecedent prior to the offence in question and the recovery is prima-facie not in terms of Section 100 Cr.P.C., the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Mahendra be released on bail in FIR No.730 of 2023, under Section 392, 411 IPC, P.S. Uttar, 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 :- 7.11.2023 nishant High Court of Judicature at Allahabad