Nikhil Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13116 of 2023 Applicant :- Nikhil Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri O.P. Tiwari, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 304 of 2023, under Section 394, 411 120-B I.P.C., registered at Police Station Hasanganj, District Unnao.

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

27.09.2023 alleging commission of a robbery by three persons riding a SUV, at about 9:15 pm on 26.09.2023.

¶4The police claimed to have arrested two persons, including the applicant on

28.09.2023 on the basis of information received from a mukbhir and it is alleged that Rs. 3,50,000/- were recovered from a bag being carried by co-accused Beeru alias Dheeru Singh Chandel, besides a country made pistol, some cartridges and mobile phones. A pistol, two live cartridges and four mobile phones are said to have been recovered from the applicant and Rs. 3,50,000/- are said to have been recovered from a bag being carried out by the applicant.

¶5In the affidavit filed in support of the 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 of the 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 incident in question allegedly took place at about 09:15 pm on 26.09.2022 and the F.I.R has been lodged at 05:10 hours on

27.09.2023; that the police claimed to have arrested the applicant and a co-accused person sitting in the same vehicle around the place of the incident itself on 28.09.2023 and to have recovered Rs. 3,50,000/- from each of the apprehended person, which recovery has not been witnessed by any independent person; that although it is claimed that the victim had identified the applicant but the procedure prescribed in law for identification of the accused has not been followed in the present case, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 28.09.2023 and without making any observations 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Nikhil Awasthi 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 :- 7.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench