Arindam Bose v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47779 of 2023 Applicant :- Arindam Bose Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Chahar 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 persons with regard to the theft of a vehicle. Subsequently, on the pointing out of seven persons, certain number plates of car were recovered and the applicant and other co-accused were implicated in as many as 29 cases.

¶3The applicant is stated to be in custody since 18.12.2021.

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

¶5Considering the nature of allegations levelled, the applicant not being named in the FIR, the recovery of the number plates also not being in presence of any independent witness and the applicant has no criminal history prior to the offence in question, and which is duly explained. In view of the said, the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Arindam Bose be released on bail in FIR/ Case Crime No. 425 of 2021, under Sections 379, 411, 34 IPC, P.S. Sadar Bazar, District Agra, 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 S.A. High Court of Judicature at Allahabad