Abhishek Saxena v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7782 of 2023 Applicant :- Abhishek Saxena Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Kaushal Kishore Tewari, learned counsel for applicant and learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 0404 of 2022, under sections 420, 386 I.P.C. registered at Police Station-Haidergarh, District-Barabanki.

¶3As per the version of the FIR, the truck belonging to the first informant was intercepted by Innova bearing registration no. UP32 DZ 3305 at about

05.30 in the evening on 05.10.2022. The driver of Innova asked the driver of the truck to show the papers and further told him that his vehicle has been challaned and he asked him to hand over Rs. 5,000/- for releasing the truck. It is alleged in the FIR that the persons in the car posed themselves as R.T.O. officer and extorted Rs. 5,000/- from truck driver.

¶4It is contended on behalf of the applicant that main accused was Siddharth Singh, who was sitting in the Innova and demanded money and he was merely driving the same on his instructions. The police has falsely implicated him, without doing fair investigation. The investigation against the suspected accused-Siddharth Singh is still going on. It is further contended that the applicant is in custody since last eight months and that he has no criminal antecedents and that the offence is triable by the Magistrate.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case and is in custody since last more than six months.

¶6I considered the nature of allegation, role ascribed to the applicant, evidence proposed to be produced, period of detention, absence of previous criminal history and all other facts and circumstances of the case. In my view, a case for bail is made out.

¶7Let applicant -Abhishek Saxena be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 22.11.2023 *Vikram* High Court of Judicature at Allahabad, Lucknow Bench