Single Judge Court allowed a bail application regarding charges of theft and snatch theft, finding the applicant had made out a case for bail by ordering his release on bond and sureties.
Release of the applicant on personal bond and two sureties subject to verification and non-bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21589 of 2022
Applicant :- Amit Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya, Hridaya Lal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
There is allegation of theft of one gold chain against the unknown accused persons in the FIR. Subsequently, the applicant has been implicated in this case and recovery of gold chain has been shown.
Counsel for the applicant submits that the police has falsely implicated the applicant by the planted recovery of stolen gold chain. The applicant is in jail since 29.03.2022 and has criminal history of one case and after implication in the present case he has been implicated in another case.
On the other hand learned A.G.A has 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, 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, Amit Maurya, involved in Case Crime No. 37 of 2022, under Sections- 394 and 411 IPC, Police StationKacchwan, District- Mirzapur, 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 8.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.09 16:09:45 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a prima facie case for the grant of bail.
Whether the allegation of planted recovery influences the decision on bail.
Whether the applicant is entitled to release on bail subject to conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
Amit Maurya
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
