Utkarsh Dwivedi v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12721 of 2023 Applicant :- Utkarsh Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Chandra, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 442 of 2023, under Sections 489-A, 489-B, 489-C, 489-D I.P.C., registered at Police Station Madiyaon, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.08.2023 against six persons, including the applicant alleging that on the basis of information received from a mukhbir three co-accused persons were arrested and some fake currency notes were recovered from their possession. In their custodial statement they stated that some other persons, including the applicant were also involved in the commission of offence. On the basis of the statement of those three persons the police reached in a room of a hotel in which the applicant and co-accused Ravi Prakash @ Avinash Pandey were said to be present and some fake currency notes, a laptop, a printer and a lamination machine etc. were recovered from the room.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is an 18 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having 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 independent person; that the printer and the laptop etc. alleged to have been recovered are commonly used articles and that the applicant is an 18 years old young man having no previous criminal history and he is languishing in jail since 28.08.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Utkarsh Dwivedi be released on bail in the aforesaid case 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 :- 30.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench