Firoz Ahmad v. State of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13404 of 2023 Applicant :- Firoz Ahmad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Lko. Counsel for Applicant :- Shakti Kumar Verma,Ashish David Rao Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashish David Rao, the learned counsel for the applicant as well as Sri Sanjay Maurya, 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. 384 of 2023, under Section 395, 412, 120-B I.P.C., registered at Police Station Kheri, District Kheri.

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

28.08.2023 alleging commission of robbery of Rs.1,13,000/- by three unknown motorcycle borne miscreants.

¶4The police claimed to have arrested four persons, including the applicant, on the basis of information received from a mukhbir and to have recovered two motorcycles and various amounts in cash from each of them. Rs. 15,000/- are claimed to have been recovered from the applicant.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is a 23 years old person who has completed L.L.B. Course and he has falsely been implicated in the present case.

¶6It has further been stated in the affidavit that the applicant was taken away from his home in the early morning on 26.09.2023 and the police have falsely shown his arrest on 27.09.2023 from an open place.

¶7The learned counsel for the applicant has submitted that the alleged recovery has not been witnessed by any independent person.

¶8The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case 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.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Firoz Ahmad 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 :- 9.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench