Uma Nat v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48087 of 2023 Applicant :- Uma Nat Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Mishra,Amit Kumar Malviya 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 unknown person alleging the theft. Subsequently, based upon the recovery from nine persons, the applicant has been robed in in the offence in question.

¶3The Counsel for the applicant argues that the co-accused Shambhu Ram and Pratap Kumar have been enlarged on bail vide order dated 08.08.2023, a copy of the order is annexed as Annexure-3 to the bail application.

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

¶5Considering the fact that the applicant was not named in the FIR, the co-accused have been enlarged on bail and the criminal antecedents of the applicant has been duly explained, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant Uma Nat be released on bail in FIR/ Case Crime No.362 of 2022 (Case No.7846 of 2022), under Sections 380, 411 IPC, Police Station Kotwali Hata, District Kushinagar 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 :- 8.11.2023 akverma High Court of Judicature at Allahabad