Suneel Kumar @ Sheela Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45019 of 2022

Applicant :- Suneel Kumar @ Sheela Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sandeep Kumar Gupta, 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. 278 of 2022, under Sections 379, 411 IPC, Police Station Jalesar, District Etah 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 on 08.08.2022 alleging that some unknown motorcycle borne miscreants had stolen a bundle in which some brass worth Rs. 40,000/- was packed. Police claimed to have apprehended the applicant on 21.08.2022 on the basis of information received from mukhbir and six small bells and a large bell kept in a packet were recovered from him. On the basis of aforesaid recovery, applicant has been implicated in the present case.

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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. In paragraph 17 of the Affidavit, the applicant's involvement in two more cases has been disclosed and in both of these cases, applicant has been granted bail.

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The applicant is languishing in jail since 21.08.2022.

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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 F.I.R. alleges theft of some bundles of brass whereas items recovered from the applicant are bells and there are no independent witness of the alleged recovery, 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, Suneel Kumar @ Sheela be released on bail in Case Crime No. 278 of 2022, under Sections 379, 411 IPC 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 :- 4.11.2022 A. Mandhani

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Digitally signed by ABHISHEK MANDHANI Date: 2022.11.10 11:03:01 IST Reason: Location: High Court of Judicature at Allahabad

Suneel Kumar @ Sheela v. State of U.P.

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Suneel Kumar @ Sheela v. State of U.P.

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