The High Court granted bail to the applicant accused of theft and burglary, who was in custody and claimed false implication, imposing standard conditions including personal bond and sureties.
Applicant released on bail on personal bond and two sureties subject to conditions of attendance, non-tampering and no illegal activities.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44580 of 2022
Applicant :- Sarfaraz @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bir Singh 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, Sarfaraz @ Monu, who is involved in Case Crime No. 381 of 2022, under Sections 380, 457 and 411 of IPC, Police Station Nai Mandi, District Muzaffar Nagar and is in jail since 28.08.2022, is seeking enlargement on bail during the trial.
As per the prosecution story, when the informant came back to his shop, he saw that his shops shutter is broken from inside and 3 new batteries and 13 old batteries were missing and when he inquired to his neighbor CCTV, he saw that a car came there and stolen the articles.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that applicant was not named in the FIR and the same has been registered against unknown persons. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown against him. It is further submitted that the applicant is languishing in jail since 28.08.2022, 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 :- 14.10.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.17 17:03:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, falsely implicated and in custody, deserves bail during trial.
1 provisions across 1 enactments
Sarfaraz @ Monu
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
