A single judge bail application was filed. The court observed discrepancies in the FIR regarding mobile phones but granted bail to the applicant, citing Article 21 and precedents.
Released on bail on personal bond and two sureties subject to standard conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48499 of 2021
Applicant :- Sazid @ Mallu Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh,Shiv Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant Sazid @ Mallu is involved in Case Crime No.128 of 2021, under Sections 457, 380, 411 I.P.C., Police Station Kapsethi, District- Varanasi.
It is argued by the learned counsel for the applicant that the applicant is not named in the first information report. After nine days of lodging the F.I.R. he has been shown to be arrested with 29 mobiles in a bag. As per F.I.R., on 12.08.2021 at 1:00 AM, 55 mobiles and Rs.2, 80,000/- of the first informant had been stolen from his shop. No IMEI numbers of the mobiles have been mentioned in the F.I.R. nor IMEI numbers of the recovered mobiles have been matched with the list of mobiles available in the shop of the complainant. The applicant has criminal history of one case. He is a poor rickshaw puller and he is in jail since 21.08.2021. In case, he is enlarged on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail application and argued that the applicant is having criminal history of one case under sections 380, 411, 457 I.P.C. There is recovery of 29 mobiles from the applicant.
In the first information report, no IMEI numbers of the stolen mobiles have been disclosed. The recovered mobiles have not been matched with the mobiles shown to be stolen from the shop of the complainant. The offence is triable by the court of magistrate and the applicant is languishing in jail since 21.08.2021.
Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate
of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Sazid @ Mallu , who is involved in aforesaid 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.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.3.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.16 18:29:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application for bail should be allowed despite the applicant's criminal history and pending proceedings.
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Dataram Singh v. State of U.P. and anotherDistinguished¶11
(2018) 2 SCC 22 · Who else cites this
Sazid @ Mallu
Sadhna Rani
As recorded by the court registry
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Sadhna Rani
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