Single judge allowed bail application for accused Bhuri @ Ashraf who was in custody since July 17, 2023, in a theft/money withdrawal case where co-accused were already on bail and no recovery was effected.
Release on personal bond with two sureties of Rs. 25,000/each.
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Neutral Citation No. - 2023:AHC:150661
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12826 of 2023
Applicant :- Bhuri @ Ashraf Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The FIR in question was lodged against unknown persons alleging that certain moneys were withdrawn from the ATM. The name of the applicant surfaced in the statement of the coaccused and without there being any recovery against the applicant. It is argued that the co-accused have been enlarged on bail by the lower court itself. The applicant is in custody since 17.07.2023. The applicant is entitled to be released on bail.
4. Considering the fact that no recovery was effected from the applicant and the name of the applicant was taken by the coaccused who have been enlarged on bail. The criminal history has been explained in paragraph 23 as such and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
5. Accordingly, the bail application is allowed .
6. Let the applicant- Bhuri @ Ashraf be released on bail in Case Crime No. 767 of 2023, under Section 379/ 411/ 420 IPC registered at Police Station- Gajraula, District- Amroha on his furnishing a personal bond with two sureties of Rs. 25,000/each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
Order Date :- 27.7.2023 Kalp Nath Singh
Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail considering no recovery was effected and co-accused are on bail.
Bhuri @ Ashraf
State of U.P.
Pankaj Bhatia
Kalp Nath Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
