Mohd. Danish @ Danish v. The State of U.P. Thru.Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12154 of 2023 Applicant :- Mohd. Danish @ Danish Opposite Party :- The State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey,Osama Syed Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Riyaz Ahmad, the learned counsel for the applicant as well as the learned AGA-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 212 of 2023, under Section 395/ 420/ 412/ 467/ 468/ 471/ 34 I.P.C., 25/27 of the Arms Act registered at Police Station Bakshi Ka Talab, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 21.06.2023, alleging that four persons riding a four wheeler vehicle had robbed Rs. 10 lakh from the informant, while he was going to Sidhaulli in his car.

¶4The police claimed to have arrested seven persons on the basis of information received from a mukhbir on 22.06.2023 and to have recovered Rs. 23,55,000/- from them. It is alleged that Rs. 1 lakh, a pistol, two magazines, 15 live cartridges and a mobile phone were recovered from the applicant. The recovery memo further states that no person witnessed the recovery proceeding.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶6Learned counsel for the applicant has submitted that the co-accused Rakesh Kumar Parekh @ Rakesh Kumar Purohit has been granted bail by means of an order dated 09.08.2023 passed by this Court in Criminal Misc. Bail Application No. 10042 of 2023. co-accused Akash Gautam has been granted bail by means of the order dated

19.09.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.11228 of 2023.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any person and that one co-accused person from whom similar recovery was made has already been granted bail and without making any observations which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Mohd. Danish @ Danish be released on bail in Case Crime No. 212 of 2023, under Section 395/ 420/ 412/ 467/ 468/ 471/ 34 I.P.C., 25/27 of the Arms Act registered at Police Station Bakshi Ka Talab, 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 prateek High Court of Judicature at Allahabad, Lucknow Bench