Case :- CRIMINAL MISC. BAIL APPLICATION No.…
granting bail on a personal bond and two sureties in the like amount.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1439 of 2023
Applicant :- Shivam Soni Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Brijesh Kumar Singh, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State.
The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 274 of 2022, under Sections 395, 412, 504 IPC, Police Station Kaptanganj, District Azamgarh during pendency of the trial.
According to the prosecution case, FIR of the present case was lodged under Section 392/504 IPC against four unknown persons and as per FIR Rs. 8,000/- was looted by unknown persons from the informant.
Learned counsel for the applicant submitted that applicant was apprehended by the police after about a week and on the basis of his confessional statement he was roped in the present matter and it is further alleged that from the possession of applicant Rs. 2600/- was recovered, which applicant confessed that it was part of the looted money of the present case and except the confessional statement and recovery of Rs. 2600/- there is no other evidence against the applicant on record and applicant has falsely implicated in the present matter and he was not having any previous criminal history but when he was arrested on 24.09.2022 then he was implicated in as many as five cases including the present one. He further submits that in three cases he has already been enlarged on bail and in the present matter he is in jail since 29.09.2022.
Per contra, learned AGA opposed the prayer for bail but could not dispute the argument advanced by learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of record, it appears that after one month from
the alleged loot applicant was apprehended by the police and from his possession Rs. 2600/- was recovered and he confessed his guilt and it is alleged that from the looted money of Rs. 8,000/-, Rs. 2600/- was recovered from the possession of applicant. From the record it appears that applicant is not having previous criminal history and on the basis of his confessional statement he was implicated in five cases including the present one and applicant in the present matter is in jail since 29.09.2022, in view of this Court, it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant - Shivam Soni 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 antisocial 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 :- 2.2.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the instant bail application deserves to be allowed.
Shivam Soni
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
