Allowed

Durgesh @ Mata v. State of U.P.

Allahabad HC8 Nov 2023BAIL/47705/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Durgesh @ Mata in a theft case. The court held that since no incriminating articles were recovered from the applicant or his pointing out, and there was no independent witness for the alleged recovery, the application was granted.

What did the court decide?

Released on bail to furnish a personal bond with two sureties of Rs. 25,000/- each.

Durgesh @ Mata Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216349

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47705 of 2023

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Applicant :- Durgesh @ Mata Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Kesharwani,Prakash Chandra Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The FIR in question was lodged against unknown persons for commission of theft. Subsequently, based upon recovery of Rs. 800, a mobile phone and some ornaments, applicnt was linked with the offence in question.

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Learned cousnel for the applicant submits that the recovery was not effacted from the applicant and the applicant was linked with the offence in question. The recovery memo indicates that two boxes full of ornaments were kept near the driver seat and three persons were sitting nearby. He further submits that the recovery was not made in the presence of any independent witness. He further submits that the applicant has no criminal history in his credit and he is in jail since 8.9.2023, is entitled to be enlarged on bail.

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Learned AGA has opposed the bail application.

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Considering the fact that no incriminating article or material has been recovered either from the applicant or on his pointing out, there is no independent witness of the alleged recovery, in view thereof, the application is allowed.

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Let the applicant Durgesh @ Mata be released on bail in FIR No. 794 of 2023, under sections 379 and 411 I.P.C., P.S. Kotwali Nagar, district-Bulandshahar, on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the

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offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 8.11.2023 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Durgesh @ Mata v. State of U.P.

Case brief

What is this about?

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Durgesh @ Mata v. State of U.P.

Case brief

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