Mohammad Saheem v. State of U.P. Thru. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15297 of 2023 Applicant :- Mohammad Saheem Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma,Kavita Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dhananjai Kumar Tripathi, the learned counsel for the applicant, Sri Anant Pratap Singh, the 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.275 of 2023, under Sections 307, 34 I.P.C. and Section 3/25 Arms Act, registered at Police Station Sirsiya, District Shravasti.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.09.2023 alleging theft of a bull.

¶4The applicant was arrested along with some other co-accused persons in Case Crime No.275 of 2023 and he was implicated in the present case on the basis of his alleged custodial confession.

¶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. The applicant's involvement in five other cases has been disclosed in para 24 of the affidavit, in four of which he has already been granted bail.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that except for the custodial statement there is nothing to connect the applicant with the present case and the applicant is languishing in jail since 03.10.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Mohammad Saheem 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 :- 22.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench