Arjun Vs State of Up

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34328 of 2020

Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Order on Criminal Misc. Exemption Application

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This exemption application is allowed.

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Order on Criminal Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Arjun , with a prayer to release him on bail in Case Crime No. 157 of 2020, under Sections 380, 511, 457, 427 IPC, Police Station Kothibhar, DistrictMaharajganj, during pendency of trial.

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Allegation in the FIR is against unknown persons regarding attempt to commit theft of ATM Machine.

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Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. No theft actually took place. He had no prior criminal history to his credit and is in jail since 10.8.2020. He has been subsequently implicated in two more cases alongwith the present case.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.10.2020 Ruchi Agrahari

Arjun v. State of Up

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Arjun v. State of Up

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