Mohd. Vaki v. State of U.P. Through Principal Secretary, Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13198 of 2023 Applicant :- Mohd. Vaki Opposite Party :- State Of U.P. Through Principal Secretary, Home, Lucknow Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramendra Kumar, the learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 21 of 2023, under Sections 379 & 411 IPC, Police Station Sadarpur, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.01.2023 alleging commission of theft of vehicle.

¶4The police claimed to have arrested four persons in Case Crime No. 27/2023, on the basis of an information received from a mukhbir. It is alleged that co-accused Nishit @ Abhay was driving the vehicle, which was stolen. Rs. 620/- were recovered from the applicant's possession. The applicant has been implicated in the present case on the basis of his custodial statement recorded in Case Crime No. 27/2023. The applicant has already been granted bail in Case Crime No. 27/2023.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in five other cases has been disclosed in para 10 of the affidavit, in three of which he has been granted bail.

¶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 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 case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Mohd. Vaki 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. Order Date :- 7.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench