High Court of Judicature at Allahabad granted bail to the applicant in a case under Sections 457, 380, 411 IPC for theft. The court found it a fit case considering the applicant's clean record, lack of tampering risk, and weak prosecution evidence.
Released on bail by furnishing personal bond and two sureties subject to specified conditions.
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Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13736 of 2022
Applicant :- Mohd. Ahmad @ Dampi Opposite Party :- State of U.P. Counsel for Applicant :- Ahmad Ali Siddiqui,Chandra Shaikhar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 547 of 2021, under Sections457, 380, 411 I.P.C., Police Station-Nai Mandi, District Muzaffar Nagar.
Learned counsel for the applicant submitted that accusedapplicant is innocent and has falsely been implicated in the instant case. The applicant has no criminal history to his credit and he is in jail since 20.11.2021 and the possibility of conclusion of trial in near future is extremely bleak. The charge sheet has been filed in this case before the Court concerned and the the applicant is not in a position to tamper of the evidence available on record or influence the witness of the prosecution. The facts related to criminal history of the applicant has not been disputed by the learned AGA.
It is stated that the implication of the applicant is only on account of the fact that at the relevant time the applicant was with the co-accused Mukeem, who has been identified by the prosecution in the CCTV footage. He submitted that the FIR was lodged against unknown persons in relation to theft of ornaments and at the time of arrest, the ornaments indicated in the FIR were not recovered from the possession of the applicant, however, the prosecution has shown Rs. 32,000/from the possession of the applicant. The confessional statement is also the basis of the implication which is not admissible in evidence. There is no public independent witness to support the story of the prosecution. In these circumstances, the applicant is entitled to be released on bail.
It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the facts related to recovery and the fact that the applicant has no criminal history and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Mohd. Ahmad @ Dampi be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 7.5.2022/Vinay/-
Digitally signed by VINAY KUMAR Date: 2022.05.07 15:11:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the non-disputed criminal history and lack of admissible evidence against him.
Whether there is a reasonable apprehension that the applicant may flee or misuse bail if granted.
1 provisions across 1 enactments
Mohd. Ahmad @ Dampi
Saurabh Lavania
Vinay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
