Wasi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13475 of 2023 Applicant :- Wasi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Aakash Srivastava,Apoorv Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Aakash Srivastava, the learned counsel for the applicant as well as Sri Shaunk Singh, the learned A.G.A.-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.391 of 2023, under Section 323, 504, 506, 341, 352, 386 I.P.C., registered at Police Station Madhoganj, District Hardoi.

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

25.09.2023 against the applicant and his brother Razi, stating that the accused persons kept on repetitively extracting money from the informant by threatening him. About 2-3 days prior to lodging of the F.I.R, the accused persons had asked the informant to arrange Rs. 60,000/- and had threatened him with a pistol. While the informant was on the way to the market at about 04:45 am on

25.09.2023, the accused persons again threatened him with a pistol and demanded Rs. 60,000/-. The F.I.R states that a person known to the informant reached on the spot and when he shouted, the accused persons ran away.

¶4In 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.

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no person has received any injury in the incident and that the applicant has no criminal history and he is languishing in jail since

26.09.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Wasi 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 :- 17.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench