Chandu Loniya v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. -29 Case :-CRIMINAL MISC. BAIL APPLICATION No. -2860 of 2023 Applicant :-Chandu Loniya Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :-Anupam Bajpai Counsel for Opposite Party :-G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, Sri Jugal Kisore, learned A.G.A. and perused the record. This application has been moved by the applicant -Chandu Loniya to enlarge him on bail in Case Crime No. 13 of 2021 under Sections 457, 380B, 411 IPC, Police Station Dahi, District Unnao. It is argued by the learned counsel for the applicant that this is a case of parity. Co-accused Ram Khelawan having identical role has been granted bail by the coordinate bench of this court. He is not named in the FIR. During investigation, his name has come into light. Till date, no charge sheet has been filed against him. It is admitted that there is criminal history of 21 cases to the credit of the present applicant. It is claimed that he is languishing in jail since 26.01.2022, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail on the sole ground of criminal history of 21 cases. Learned A.G.A. is unable to show that how the name of present applicant came into light. If we go through the FIR, it is found that the FIR has been lodged against two persons. The present applicant is not named therein. The present applicant is said to have been arrested by the police on 26.01.2022. Any recovery regarding article stolen as per the impugned FIR is not shown from the present applicant. The reason for implicating the present applicant in the crime is not made clear,. Mere having criminal history of 21 cases is not enough for rejecting the bail application. The applicant is languishing in jail since 26.01.2022. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant -Chandu Loniya involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 30.11.2023 gp High Court of Judicature at Allahabad, Lucknow Bench