Vijay Pandey @ Sarvesh v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8480 of 2023 Applicant :- Vijay Pandey @ Sarvesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Moti Chand Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Moti Chand Yadav, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 185 of 2023, under Section 457, 380, 411, 420, 467, 468, 471, 120-B, 34 I.P.C., registered at Police Station Sushant Gold City, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

05.04.2023, alleging theft of money from an A.T.M.

¶4The police claimed to have arrested on 08.05.2023 on the basis of information received from a mukhbir and Rs. 2 lakhs are said to have been recovered from him.

¶5The police have arrested another person Bhalli @ Taufeek @ Malli and to have claimed that the aforesaid had damaged the ATM machine for taking out money from it. The aforesaid co-accused has already been granted bail by means of an order dated 18.07.2023 passed by the Session Court.

¶6In the counter affidavit filed by the State, the applicant's involvement in another case has been shown. By filing a supplementary affidavit it has been stated on behalf of the applicant that a final report has already been submitted in that case.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated merely on the basis of information received from a mukhbir; that Rs. 2 lakhs are said to have been recovered from the applicant, which he claims to be belonging to himself and that the other co-accused, against whom the allegation is of damaging ATM machine and taking out the money from it and has already been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 08.05.2023, without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Vijay Pandey @ Sarvesh 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 the 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 Preeti. High Court of Judicature at Allahabad, Lucknow Bench