Mahesh v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51574 of 2023 Applicant :- Mahesh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Prem Chandra Saroj, learned Advocate holding brief for Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 0353 of 2023, U/S 379, 411, 413 IPC, Police Station Maudarwaza, District Farrukhabad, during the pendency of trial.

¶4As per prosecution story, some unknown persons are stated to have stolen the motorcycle of the informant on 13.7.2023 from Sabji Mandi.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has further stated that the FIR is delayed by five days and there is no explanation of the said delay caused. The applicant was not named in the FIR. In all, eight motorcycles are stated to have been recovered on the joint pointing out of four persons. The applicant has no previous criminal history. All the cases have been foisted on him at the time of arrest in the present matter.

¶6Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 29.8.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶8Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Mahesh who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 2.12.2023 Shalini High Court of Judicature at Allahabad