Allowed

Amit Bhature v. State of U.P.

Allahabad HC15 Dec 2022BAIL/32361/2022

Case brief

AI extract

What is this about?

Hon'ble Deepak Verma, J. allowed the bail application of Amit Bhature in a theft case alleging misappropriation of religious articles. The court considered the applicant's claim of false recovery and prior criminal history, concluding that a case for bail was made out.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions to cooperate in trial and avoid criminal activity.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32361 of 2022

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Applicant :- Amit Bhature Opposite Party :- State of U.P. Counsel for Applicant :- Bharti Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Rejoinder affidavit has been filed today in the Court, is taken on record.

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Heard Sri Bharti Kashyap, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 60 of 2022, registered under Sections 380, 457, 411 I.P.C., Police Station Majhola, District Moradabad during pendency of the trial.

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Allegation in the FIR is that some unknown person had stolen the GOD's crown, Mace, Dress, CCTV Camera, Weapons, Brass and Silver Goods etc.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Recovery is false and planted. As applicant has criminal history of four cases, therefore, he has been falsely implicated in the present case on the basis of suspicion. Recovery has been made from two accused persons. From the possession of the applicant, one country made pistol, one live cartridge and five yellow metal have been recovered. Recovery from the possession of the applicant is not connect with the FIR version. The applicant is languishing in jail since 22.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the

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Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Amit Bhature, who is involved in the aforesaid case crime, 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 15.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.18 11:14:34 IST Reason: Location: High Court of Judicature at Allahabad

Amit Bhature v. State of U.P.

Case brief

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Amit Bhature v. State of U.P.

Case brief

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