Chhotu v. State of U.P. and Another

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46558 of 2023 Applicant :- Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virat Pratap Singh,Avaneesh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Virat Pratap Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 689 of 2023, under Sections 392 & 411 I.P.C, Police Station-Uttar, District Firozabad, during the pendency of trial.

¶3Learned Counsel for the applicant submits that the applicant has been falsely implicated in the instant case without commission of offence. Learned counsel for the applicant has further submitted that applicant is not named in the F.I.R, his name came into picture during the confessional statement of the co-accused. The alleged mobile has not been recovered from his possession. The applicant has no criminal history to his credit. The applicant is in jail since

11.09.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions made by the counsel for the applicant.

¶5Having regard to the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Chhotu, involved in the aforesaid 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 30.11.2023 Vinod. High Court of Judicature at Allahabad