Bantu v. State of Up.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2043 of 2022

Applicant :- Bantu Opposite Party :- State Of Up. Counsel for Applicant :- Sandeep Kumar Gupta,Vinay Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard Sri Ashutosh Pandey holding brief of Sri Vinay Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

It is submitted that in this case F.I.R. was lodged against unknown persons for theft of motorcycle. During investigation police arrested five persons including this applicant and recovery of 11 motorcycles was shown from the joint possession of all the accused persons. There is no criminal history against this applicant except the cases registered by the police at the time of aforesaid recovery in which he has already been granted bail. Applicant is languishing in jail since 11.06.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail.

Considering the facts and circumstances of the case, 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.