In a criminal bail application, the Court allowed the bail petition of Karu @ Ajay Pal, who was implicated in a case involving theft and cheating, noting that he had not tampered with evidence post-arrest.
The applicant is released on bail with a personal bond and two sureties to be satisfied by the concerned court.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1173 of 2022
Applicant :- Karu @ Ajay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Diwanshu Tiwari,Mithilesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case by arresting him in Case Crime No. 284 of 2021, under Sections41/411 I.P.C., showing a false recovery of two motorcycles. At the time of arrest, on the basis of confessional statement of the applicant, police has roped him in the present case, too. There is no recovery from the possession of the applicant relating to this case. Criminal history of the applicant has been duly explained in the supplementary affidavit filed by him. He is languishing in jail since 4.8.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Karu @ Ajay Pal, involved in Case Crime No. 264 of 2021, under Sections- 394/120-B I.P.C., P.S. Saurikh, District- Kannauj, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.3.2022 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.03.08 13:14:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the conditions for release on bail.
Whether the applicant has made out a prima facie case for bail.
Karu @ Ajay Pal
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
