Allowed

Ramesh Maurya v. State of U.P.

Allahabad HC2 Nov 2022BAIL/27300/2022

Case brief

AI extract

What is this about?

This is a bail application concerning the theft of a motorcycle. The applicant, already released on bail in two other similar cases involving recovery of stolen motorcycles, was granted bail in the present proceedings with standard conditions.

What did the court decide?

Released on bail in Case Crime No. 316 of 2021, under Sections 411, 413 IPC, on furnishing a personal bond and two sureties.

Ramesh Maurya Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27300 of 2022

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Applicant :- Ramesh Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Nar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajesh Kumar Rao, Advocate holding brief of Sri Nar Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 316 of 2021, under Sections 411, 413 IPC, Police Station Khajani, District Gorakhpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police alleging that on the basis of information received from a Mukhbir, the applicant was apprehended alongwith stolen motorcycle and he confessed that he has stolen another motorcycle which was parked at his house.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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On the basis of the alleged recovery, the applicant has been implicated in two other cases regarding theft of two motorcycle bearing Case Crime No. 762 of 2020 under Section 379 IPC, Police Station Khajani, District Gorakhpur and Case Crime No. 303 of 2021 under Sections 379, 411 IPC, Police Station Khajani, District Gorakhpur, in both the cases, the applicant has been granted bail and copies of the bail orders has been annexed with the supplementary affidavit.

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The applicant is languishing in jail since 05.12.2021.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that the allegation against the applicant

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is that the two stolen motorcycle were recovered from the applicant and the applicant has already been granted bail in both the cases regarding theft of motorcycles, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.

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Let the applicant Ramesh Maurya be released on bail in Case Crime No. 316 of 2021, under Sections 411, 413 IPC, Police Station Khajani, District Gorakhpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 2.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.03 10:35:57 IST Reason: Location: High Court of Judicature at Allahabad

Ramesh Maurya v. State of U.P.

Case brief

What is this about?

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Ramesh Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

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