Manish v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14512 of 2023 Applicant :- Manish Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sagar Singh, the learned counsel for the applicant, Sri J.S. Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 153 of 2023, under Sections 392/411 I.P.C., registered at Police Station Achalganj, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.07.2023 alleging robbery of a licensed gun from the applicant committed by two unknown motorcycle borne miscreants. The police claimed to have arrested the applicant and a co-accused person Vinay Kumar on the basis of an information received from a mukhbir and a gun has allegedly been recovered from the house of the applicant on the pointing out of both the co-accused persons.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted that the co-accused Vinay Kumar has already been enlarged on bail by this court by means of an order dated 04.12.2023, passed in Criminal Misc. Bail Application No.14224 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the gun has been recovered on the pointing out of both the accused persons; that the alleged recovery has not been witnessed by any independent person; that the applicant has no previous criminal history and he is languishing in jail since 25.09.2023 and the co-accused Vinay Kumar has already been granted bail by this court and without making any observation, 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 in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Manish 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 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 :- 8.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench