Shailendra @ Akash v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47803 of 2023 Applicant :- Shailendra @ Akash Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra 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 riding on a bullet motorcycle alleging that the said three persons had snatched a Mangalsutra from the informant. Subsequently, on the basis of recovery of Rs.2,900/- and the recovery of Mangalsutra at the pointing out of the applicant, the applicant was linked with the offence in question. It is argued that the recovery was not in the presence of any independent witnesses and the criminal antecedents of the applicant have been duly disclosed in Para - 18 of the bail application.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the recovery is not in the presence of any independent witnesses and the applicant is in custody since 12.09.2023, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Shailendra @ Akash be released on bail in FIR No.232 of 2023, under Section 392, 411 IPC, P.S. Nagla Khangar, 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 :- 8.11.2023 nishant High Court of Judicature at Allahabad