The Allahabad High Court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a theft case, noting he was implicated via a co-accused's statement and had no prior evidence against him.
Release on anticipatory bail on furnishing a personal bond with two sureties.
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Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12247 of 2022 Applicant :- Julfukar Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 243 of 2022, under sections 379 IPC, Police Station-Bhopa, DistrictMuzaffarnagar.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. F.I.R. was lodged against unknown persons alleging that they committed the theft of trolly of the informant from his compound. Police arrested co-accused Alim from whose possession money was recovered. On the basis of statement made by the co-accused the name of this applicant was brought into light. He has committed no offence and there is no evidence on record to show his complicity. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
Learned AGA has opposed the prayer for anticipatory bail.
Considering the submissions made by learned counsel for the parties, the nature of accusation and his antecedents and the fact that applicant was not named in the F.I.R. later on the name of this applicant was brought into light on the basis of statement of co-accused, therefore, the applicant is entitled to be released on anticipatory bail .
Let the applicant- Julfukar shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned/ S.H.O. in case of arrest.
In case, applicant does not cooperate with trial, this order shall be deemed to be automatically vacated or cancelled.
Order Date :- 5.1.2023/A. Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail given he was named in the FIR only after the statement of a co-accused.
Whether the antecedents and apprehension of arrest justify granting bail.
The conditions for release on personal bond with sureties.
1 provisions across 1 enactments
Julfukar
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
