Saroj v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14572 of 2023 Applicant :- Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Deependra Pratap Singh,D.P. Dutt Tiwari,Mayank Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri D.P. Dutt Tiwari, learned counsel for the applicant, and Ms. Charu Singh, learned Addl. Government Advocate, and perused the record.

¶2By means of the instant application the applicant Saroj seeks bail in Case Crime No. 361 of 2023, under sections 457,380,411, I.P.C., P.S. Ghazipur, District Lucknow.

¶3The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 15.8.2023 alleging commission of a theft in the informant's house. Police claim to have arrested two persons on the basis of information received from a Mukhbir on 16.8.2023 and some stolen articles are said to have been recovered from each of them, however, the alleged recovery has not been witnessed by any independent person.

¶4In the affidavit filed in support of the bail-application, it has been stated that the applicant has no previous criminal history, and on the basis of same recovery the applicant has been implicated in four cases. He has already been granted bail in two cases, in one from the Sessions Court and in another from this Court.

¶5Learned 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 applicant has no previous criminal history, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant Saroj be released on bail in the aforesaid Case Crime No. 361 of 2023, under sections 457,380,411, I.P.C., P.S. Ghazipur, District Lucknow, be released on bail on his 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.

¶9In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. (Subhash Vidyarthi, J.) Order Date :- 11.12.2023 A.Nigam High Court of Judicature at Allahabad, Lucknow Bench