The High Court granted bail to the applicant in a bail application involving offences under Sections 392 and 504 IPC, considering the lack of eyewitnesses and minimal specific grounds cited by the prosecution.
Applicant released on bail on personal bond with two sureties subject to standard conditions and non-breach.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44534 of 2022
Applicant :- Deepu @ Devendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Deepu @ Devendra Yadav, who is involved in Case Crime No.242 of 2022, under Sections 392, 504 of IPC, Police Station Mangalpur, District Kanpur Dehat and is in jail since 23.07.2022, is seeking enlargement on bail during the trial.
As per contents of the FIR, when informant was going from his house to Rasoolabad, carrying Rs.36,000/- and in the way the miscreants sitting in two motor cycles, looted his amount.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is not a single eye witness or public witness. It is further submitted that applicant has two previous criminal history which are already explained in para 16 of the bail application. It is further submitted that the applicant is languishing in jail since 23.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.21 11:42:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a trial involving offences under Sections 392 and 504 IPC.
Deepu @ Devendra Yadav
State of U.P.
Gajendra Kumar
As recorded by the court registry
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