Criminal Misc. Bail Application No. 15032 of 2021 wherein the court, noting the applicant's lack of prior criminal record and weak prosecution evidence, allowed bail in a theft case.
Releasing the applicant on bail on a personal bond and two reliable sureties subject to non-repetition of crime and witness tampering conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15032 of 2021
Applicant :- Nusrat Ali @ Patriya Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Nusrat Ali @ Patriya, who is involved in Case Crime No. 246 of 2020, under Sections 380, 457, 411 I.P.C., P.S.- Fatehganj, West, District- Bareilly .
Learned counsel for the applicant(s) in support of his prayer for bail submits that F.I.R of this case crime was lodged against unknown persons under Sections 457, 380 I.P.C. in regard to theft of invertor battery, LED T.V, DBR, two pair of Safari suit from the office of the school. Subsequently, on 30.09.2020 the police party apprehended the applicant and from his possession one knife and Rs. 250/- were recovered and on the confessional statement and pointing out of the applicant LED T.V is alleged to be recovered from the house of the applicant and there is no witness of public of the alleged recovery. There is no other evidence against the applicant. The applicant has been languishing in jail since 01.10.2020 having no criminal antecedent.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Nusrat Ali @ Patriya , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 6.4.2021 PS
1 issue framed by the court
Whether the case falls under the exception provided by Section 437(3) of the Code of Criminal Procedure for granting bail to a first-time offender in a non-bailable offence.
Nusrat Ali @ Patriya
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
