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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14817 of 2023 Applicant :- Guljar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Mahmood Alam,Julfikar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Julfikar Ahmad, the learned counsel for the applicant, Sri Arpit Kumar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0375 of 2023, under Sections 357/452/392/504/506 I.P.C., registered at Police Station Kotwali Nagar, District Ayodhya/Faizabad.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.06.2023 alleging that the informant is an employee of a company Bhugan Infracon Pvt. Ltd.. On the date of lodging of F.I.R. while he was working in the office alone, three persons came to the office between 11.45-12.00 hrs. two of whom had covered their faces. They threatened the informant with a pistol, tied him up to a chain, tied his mouth also and robbed Rs.3,50,000/-. The F.I.R. states that after the accused persons had left the informant freed himself and unlocked the door from outside with the help of a stick, went out and informed the company's owner through mobile phone of another employee Ashish Verma. The police claimed to have arrested the applicant on 21.10.2023 and it is claimed that Rs. 10,000/- and a pistol were recovered from him.

¶4The recovery was made on 13.08.2023. The informant has supported the F.I.R. allegation in his statement recorded under Section 161 Cr.P.C. Another employee of the same company namely Ashish Verma stated that at the time of incident he was sitting outside the office beneath a tree and he narrated the incident as an eye witness and gave the same version as was given by the informant.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case for the reason that he was working in a project being executed by the company and he was demanding their remuneration.The applicant has no criminal history.

¶6Co-accused persons, namely, Mohd. Sajid @ Sahid @ Lapkan and Anis have already been granted bail by means of an order dated 21.11.2023 passed by this Court in Criminal Misc. Bail Application No. 13905 of 2023.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly took place on 20.06.2023 when the informant was alone in the office and another employee was sitting outside the office and as per the version of that employee it appears that he witnessed the entire incident without taking any steps to prevent the same and he even did not came forward to save the informant even after the accused persons had left after causing the incident; that the applicant is languishing in jail since 21.10.2023 and that two co-accused persons have already been granted bail 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 applicants on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Guljar 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. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench