Kumar Bhaskar Ojha @ Bhaskar Ojha v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8535 of 2023 Applicant :- Kumar Bhaskar Ojha @ Bhaskar Ojha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ram Singh, the learned counsel for the applicant as well Sri Anant Pratap Singh, 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. 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 four persons, including the applicant, on 25.04.2023 on the basis of information received from a mukhbir and Rs. 23,000/- are said to have been recovered from him.

¶5In the affidavit filed in support of the 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 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. Co-accused persons, namely, Vijay Pandey @ Sarvesh & Pankaj Pandey alias Pankaj Kumar Pandey have been granted bail by means of the orders dated 30.10.2023 & 02.11.2023 passed by this Court in CRIMINAL MISC. BAIL APPLICATION Nos. 8480 of 2023 & 10038 of 2023 respectively.

¶7Co-accused Neeraj Mishra @ Neeraj Kumar Mishra has been granted bail by means of an order dated 09.11.2023 passed by this Court in Criminal Misc. Bail Application No. 13477 of 2023.

¶8Having 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. 23,000/- are said to have been recovered from the applicant, which he claims to be belonging to himself and that four other co-accused, person have already been granted bail, whereas the applicant is languishing in jail since

25.04.2023 and 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.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Kumar Bhaskar Ojha @ Bhaskar Ojha 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. Order Date :- 16.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench