Raja @ Ishteqar Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37241 of 2022

Applicant :- Raja @ Ishteqar Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Supplementary affidavit filed on behalf of applicant, is taken on record.

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2.Heard Sri Shailendra Kumar Tripathi, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 165 of 2022, under Sections 41, 102 Cr.P.C. and under Sections 411, 414 and 420 IPC, Police Station Karhal, District Mainpuri during pendency of the trial in the Court below.

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4.The aforesaid case has been registered on the basis of a first information report dated 07.06.2022 lodged by the informant against unknown person, alleging theft of a motorcycle.

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5.As per the prosecution case, the police has recovered the motorcycle on the basis of an information received from a Mukhbir (informer) and the applicant was arrested from near the motorcycle. It has been submitted that another motorcycle and an Eco car were also recovered from the applicant.

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6.In the affidavit filed in support of the bail application, it has been stated that no recovery has been made from the applicant. The motorcycle bearing number UP 84 Q 0032 and Eco Car No. UP 75 U 6390 belong to the applicant. The affidavit further states that there is no independent witness of the alleged recovery. Criminal history of the applicant has been explained in para 3 and 4 of the supplementary affidavit, as per which, he has already been granted bail in Case Crime No. 162 of 2022, under section 379, 411 IPC and the other one is an NCR No. 16 of 2015, under section 147, 323, 336 IPC in which the applicant is not named in the first information report.

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7.The applicant is languishing in jail since 09.06.2022.

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8.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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9.Having regard to the fact that the motorcycle is alleged to have been recovered from an open place and it has not been recovered from the applicant's premises as also the fact that the other vehicles said to have been recovered from the applicant, namely a motorcycle and a car are claimed by the applicant to be his own, as well as the fact that there was no independent witness of the recovery, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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

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11.Let the applicant - Raja @ Ishteqar be released on bail in Case Crime No. 165 of 2022, under Sections 41, 102 Cr.P.C. and under Sections 411, 414 and 420 IPC, Police Station Karhal, District Mainpuri 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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12.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 :- 9.11.2022 Arti

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Digitally signed by ARTI SHARMA Date: 2022.11.11 17:56:46 IST Reason: Location: High Court of Judicature at Allahabad

Raja @ Ishteqar v. State of U.P.

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Raja @ Ishteqar v. State of U.P.

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