Himanshu Singh v. State of U.P. Thru. Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13936 of 2023 Applicant :- Himanshu Singh Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Dev Mani Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dev Mani Mishra, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, 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. 268 of 2023, under Section 419, 420, 467, 468, 471 I.P.C., registered at Police Station Amethi, District Amethi.

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

10.10.2023 against two persons, including the applicant, alleging that on

16.10.2023, the applicant purchased a mobile phone worth Rs. 1,24,999/- from the informant's shop after getting the same financed on the basis of forged documents. Again the accused person came to the informant's shop on

09.10.2023 and took away another mobile phone worth Rs. 1,50,000/- on the basis of fake documents.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is a 24 years innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The police claims to have recovered a Pan card and an adhaar card, which belongs to himself.

¶6The learned A.G.A. has opposed the prayer of the 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 no incriminating material has been recovered from the applicant, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 11.10.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Himanshu Singh 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 :- 24.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench