Indresh Maurya v. State of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13595 of 2023 Applicant :- Indresh Maurya Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Dinesh Kumar,Maya Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Maya Ram Yadav, learned counsel for the applicant, Ms Charu Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.307 of 2023, under Sections 170, 171, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Sarojini nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2023 agianst the applicant and one Soni stating that both the accused persons were roaming around in Lucknow Airport and the applicant was wearing uniform of A.S.I. of C.I.S.F. An forged Identity Card of CISF and a temporary Airport Entry Permit in the name of Asha Chaudhary, which was also found to be forged, have been recovered from the applicant.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is 22 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the applicant has submitted that the only allegation against the applicant is of unauthorizedly wearing uniform of C.I.S.F. and recovery of a forged I.D. but there is no allegation that the applicant has infact misused his fake identity or commission of any other offence.

¶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 keeping in view the fact that the applicant is 22 years old person having no previous criminal history and he is languishing in jail since 13.07.2023 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 crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Indresh Maurya be released on bail in aforementioned 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. (Subhash Vidyarthi, J.) Order Date :- 18.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench