Fagu Lona v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12808 of 2023 Applicant :- Fagu Lona Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Nijam Ahamad, learned counsel for the applicant, Sri Gyanendra Singh, 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. 185 of 2022, under Section 379 I.P.C, registered at Police Station Kadipur, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.05.2022 alleging commission of theft of tractor trolley of the informant in the night of 5-6.05.2022.

¶4The applicant has been implicated on the basis of custodial statement of one Deepak Patel in Case Crime No.105 of 2022 under Section 379 IPC, who stated that four other persons including the applicant were involved in commission of the offence. Applicant's involvement in 17 other cases has been disclosed in para 17 of the affidavit and he has been granted bail in 15 of the cases.

¶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.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of co-accused persons and no incriminating material has been recovered from his possession; that the applicant has no previous criminal history and he is languishing in jail since 14.05.2022 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Fagu Lona be released on bail in aforementioned 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 :- 1.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench