Abhinav Singh @ Naveen v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4760 of 2023 Applicant :- Abhinav Singh @ Naveen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar,Chandra Bhushan Pandey,Ravi Prakash Nigam,Vinay Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J.

¶1Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The accused-applicant is involved in Case Crime No. 95 of 2023, under Sections 307, 394, 397 and 504/34, Police Station Sushant Golf City, District-Lucknow.

¶3It is argued by learned counsel for applicant that the applicant is not named in the FIR. It is the allegation that when the first informant was walking along-with his brother, three unknown persons came and snatched the mobile phone of the first informant and when resisted, one of them opened fire hitting the leg of the brother of the first informant. As per injury report, the injury of the brother of the first informant is found to be simple. No identification of any of the accused including the present applicant was done. There is no recovery from the present applicant. The applicant is languishing in jail since 24.02.2023. Hence, the prayer for bail is made.

¶4Learned A.G.A. opposed the prayer for bail of the applicant and admitted the fact that the snatched mobile was not recovered from the present applicant, rather it was recovered from co-accused Good-luck Tiwari.

¶5Perusal of record shows that there is allegation of snatching the mobile phone of the first informant by unknown motorcycle riders and when resisted there is an allegation of opening fire. Admittedly the brother of the first informant sustained simple injury, otherwise also, the role of opening fire is assigned to co-accused Good-luck. The snatched mobile phone has also not been recovered from the present applicant, it is said to have been recovered from co-accused Good-luck.

¶6Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶7The bail application is allowed.

¶8Let the applicant Abhinav Singh alias Naveen, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period.

¶9The 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 trial court shall be at liberty to cancel the bail and send the applicant to the prison.

¶10It 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 :- 7.12.2023 Virendra High Court of Judicature at Allahabad, Lucknow Bench