The High Court allowed the bail application of Arvind in a theft case under Section 414 IPC, releasing him on personal bond and sureties subject to strict conditions to prevent tampering with evidence and ensuring trial cooperation.
Granted bail on personal bond and two sureties subject to conditions regarding witness tampering and trial attendance.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20346 of 2022
Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Arvind, with a prayer to release him on bail in Case Crime No. 126 of 2022, under Section 414 IPC Police Station Kotwali Nagar, District- Etah, during pendency of trial.
There is allegation against the applicant that one stolen mobile phone was found in possession of the applicant. Learned counsel for the applicant has submitted that mobile phone was given to the applicant by his friend, Shyam. He was not aware that the mobile phone was looted by his friend Shyam.The applicant is in jail since 4.3.2022.The applicant has criminal history of seven cases explained in paragraph-13 of the afÏdavit filed in support of the bail application.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.7.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.16 13:23:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering the nature of the offence and the dictum of the Apex Court.
Colour shows how this judgement treated each authority
Arvind
Sidharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sidharth and Atul Kumar Srivastava
Parties & counsel
