Jainullah Alias Jamullah v. State of U.P. Thru. Its Prin. Secy. Home Deptt., Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14294 of 2023 Applicant :- Jainullah Alias Jamullah Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- K.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant - Jainullah alias Jamullah to enlarge him on bail in Case Crime No. 581 of 2023 under Sections 457, 380, 411 IPC, Police Station Kotwali Ayodhya, District Faizabad/Ayodhya. It is argued by the learned counsel for the applicant that the FIR was lodged against unknown persons. The applicant has been implicated in the case on the basis of recovery shown from him on 15.10.2023. Some jewellery of yellow and white colour and Rs. 2500/- are shown to have been recovered from him. There is no witness of the recovery. The criminal history of eight cases has been explained in the affidavit appended with the bail application. The applicant is languishing in jail since

15.10.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that the applicant is having criminal history of eight cases. From perusal of the record, it is found that out of eight cases the applicant has filed bail orders of four cases. Regarding rest four cases it is alleged that in one cases the applicant has confessed, in another cases final report has been submitted and in rest two cases no charge sheet has been filed yet. It is alleged by the learned A.G.A. that out of eight cases against the applicant five cases are of theft and recovery. The applicant is languishing in jail since 15.10.2023. 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 Jainullah alias Jamullah 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 :- 11.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench