The High Court of Judicature at Allahabad, considering arguments regarding fake recovery and nature of offences, allowed bail to the applicant under IPC sections 457 and 380, referencing Data Ram.
Release on bail by executing personal bond and furnishing two sureties each.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19664 of 2022
Applicant :- Chhotelal Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 320 of 2021, under sections 457 and 380 I.P.C., P.S. Biwar, districtHamirpur, is seeking enlargement on bail during the trial.
As per prosecution case, on the tipp of police informer, S.H.O. of police station Biwar along with police team raided the spot and arrested the present accused and other co-accused and recovered some gold and silver ornaments, 4500 rupees and a country made pistol from their possession.
Learned counsel for the applicant submits that the applicant has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. He next submits that the recovery which has been shown from the applicant's possession is totally fake and false and there was no public or independent witness of the alleged recovery. Further submission is that all the offences are triable by the court of Magistrate. He lastly submits that the applicant has no criminal history and he is languishing in jail since 20.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Chhotelal Kushwaha involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 7.7.2022 Faridul
Digitally signed by FAREEDUL HASAN Date: 2022.07.08 12:03:30 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail during the pendency of the trial in a recovery-based charge implicating possession of stolen property and fake currency.
Whether allegations of fake recovery and lack of independent witnesses justify granting bail.
What conditions must be imposed on the applicant while on bail.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P.Explained¶10
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Chhotelal Kushwaha
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
