Aashif v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14264 of 2023 Applicant :- Aashif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Ramakar Shukla,Iqbal Ali,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dheerendra Kr. Agnihotri, the learned counsel for the applicant as well as 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. 49 of 2023, under Sections 395 , 412 I.P.C., registered at Police Station Banthra, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 16.02.2023 naming four persons as accused on the basis of suspicion, alleging that a truck loaded with packets of mustard oil was robbed by four unknown miscreants.

¶4In the order dated 01.05.2023 passed by the Sessions Court rejecting the applicant's bail application, it is recorded that during investigation, it came to light that the applicant and one Mehtab @ Kaluwa were involved in commission of the offence. The applicant was called for interrogation and in his custodial statement, he confessed his complicity in commission of the offence.

¶5The applicant's criminal history of six cases has been disclosed in para 31 & 32 of the affidavit filed in support of the applicant and in a supplementary affidavit, in 5 of which he has been granted bail and the 6th case is not related to him. Co-accused persons, namely, Afroz and Mehtab @ Kaluwa have been granted bail by means of the orders dated 22.09.2023 &

28.10.2023 passed by this Court in Criminal Misc Bail Application Nos.11439 of 2023 and 8612 of 2023 respectively.

¶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 the applicant has been implicated in the present case on solely basis of custodial statement of a co-accused person and nothing has been recovered from his possession and a similarly placed co-accused Mehtab @ Kaluwa has been granted bail 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-Aashif 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. Order Date :- 7.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench