Mohd. Javed v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12052 of 2023 Applicant :- Mohd. Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. Counsel for Applicant :- Sikandar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sikandar Yadav, learned counsel for the applicant, Sri Amitabh Chaturvedi, learned A.G.A. for the State and perused the records.

¶2Supplementary affidavit filed today by counsel for the applicant is taken on record.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No.91of 2023, under Sections 395, 412, 420, 467, 468, 471, 34 I.P.C., registered at Police Station Naka Hindola, District Lucknow.

¶4The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.06.2023 alleging robbery of an undisclosed amount from the informant committed by some unspecified numbers of persons riding on a scooty and a bike.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6In the statement of the victim recorded under Section 161 Cr.P.C., he mentioned that Rs.15,00,000/- were robbed from him. Robbers had introduced themselves as police persons. He further alleged that robbers had taken him also with them. On the way, three persons riding a car said that their work had been done and thereafter he was left at Latouche Road.

¶7Police claimed to have intercepted a car, a bike and a scooty on the basis of information received from a mukhbir and it is claimed that 7 persons were arrested and different amounts were recovered from each of them. Rs.1,00,000/- were recovered from the applicant and it is claimed that in the custodial statement of the applicant, he confessed his involvement in commission of present offence as also in another case. Three other co-accused persons Mohd. Danish @ Danish, Rakesh Kumar Parekh @ Rakesh Kumar Purohit and Azam Ahmad have been granted bail by this Court by means of the orders dated 22.09.2023, 19.09.2023 and 27.09.2023 passed in Bail Nos.11437 of 2023, 11236 of 2023 and 11070 of 2023 respectively.

¶8The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid discrepancies in the description of the incident made by the informant and in his statement recorded under Section 161 Cr.P.C.; that three other co-accused persons have been granted bail; and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Mohd. Javed be released on bail in Case Crime No.91of 2023, under Sections 395, 412, 420, 467, 468, 471, 34 I.P.C., registered at Police Station Naka Hindola, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 12.10.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench