Court allowed bail for applicant Mohd. Zidan Umar charged with theft under IPC Sections 380, 411, 34. Applicant alleged false implication and lack of witnesses. Bail granted on personal bond and sureties.
Release on bail via personal bond and two sureties, subject to conditions of non-tampering and cooperation in trial.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14072 of 2023
Applicant :- Mohd. Zidan Umar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 27 of 2023, registered under Sections 380, 411, 34 IPC, Police Station G.R.P. Kanpur Central, District Kanpur Nagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation of stealing the informant's money bag which was recovered under the pillow cover near the applicant. It is next submitted that there is no independent witness to support the prosecution case. It is further submitted that on account of suspicion, the applicant has been implicated in the present case. The applicant has no criminal history. The applicant is languishing in jail since 04.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mohd. Zidan Umar, who is involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.4.2023 Ashish Pd.
Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant makes out a case for bail given the nature of offences and lack of independent witnesses.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Mohd. Zidan Umar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
