Bail application allowed for applicant Rahul Gond in a theft case involving IPC Sections 380, 411, 413, 454. Court noted criminal history but deemed fit case for bail upon furnishing personal bond and two sureties.
Applicant Rahul Gond released on bail by furnishing personal bond and two sureties in like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12019 of 2023
Applicant :- Rahul Gond Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Singh,Akash Kumar Nishad,Anjani Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Chandan Singh, learned counsel for the applicant and Sri Tanay Kumar, learned AGA for the State.
The instant bail application has been filed seeking release of the applicant on bail in S.T. No. 763 of 2021, Case Crime No. 577 of 2021, under Sections 380, 411, 413, 454 IPC, Police Station Kasya, District Kushinagar during pendency of the trial.
FIR of the present case was lodged against unknown persons under Sections 454, 380 IPC and according to the FIR unknown thief committed theft in the house of the informant and they have stolen total Rs. 90,000/- along with golden jewellery.
Learned counsel for the applicant submitted that applicant was not named in the FIR and it is alleged that during investigation in some other case he was arrested and he confessed his guilt of the present matter also and from his possession Rs. 35,000/- was recovered. He next submits that except the recovery of Rs. 35,000/- and confessional statement of the applicant there is no other evidence against the applicant on record. He further submits that applicant has falsely been implicated in the present matter and in fact nothing incriminating was recovered from his possession and in the present matter he is in jail since 25.09.2021 i.e. for last about one and half years. He further submits that applicant is although having criminal history of ten others cases but he has explained his criminal history in paragraph-22 to the affidavit filed in support of present application.
Per contra, learned AGA opposed the prayer for bail and submitted that applicant is habitual thief and he is having criminal history of ten cases and from his possession Rs. 35,000/- was recovered but he could not dispute the fact that applicant in the present matter is
in jail since 25.09.2021 i.e. for last about one and half years.
I have heard learned counsel for the parties and perused the record of the case.
Although, applicant is having long criminal history of ten cases and from his possession Rs. 35,000/- was recovered but his criminal history has been explained in paragraph-22 to the affidavit filed in support of present application and in the present matter he is in jail since 25.09.2021 i.e. for last about one and half years.
Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant - Rahul Gond be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 4.4.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for release on bail in the_current proceedings despite a criminal history and recovery of money.
Whether the applicant falsely implicated in the theft case requiring bail release.
1 provisions across 1 enactments
Rahul Gond
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
