This High Court allowed a bail application filed by Gajwa and Brahmapal in a theft case. The court set aside their detention and ordered their release on bail subject to personal bond and sureties along with standard conditions.
Release of applicants on bail upon furnishing personal bond and two sureties each in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55595 of 2022
Applicant :- Gajwa And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Pandey,Rajiv Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Sri Rupak Chaubey, learned A.G.A. for the State.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 332 of 2022, under Section 379/411 I.P.C., Police Station- Bhopa, District- Muzaffar Nagar during the pendency of trial.
It is submitted that the applicants have been falsely implicated in the instant case. The applicants were not named in the first information report. False recovery of a mobile phone has been shown from the possession of the applicant no. 1. There is no independent witness to the alleged recovery. Recovery of Rs. 3,100/- from the applicant no. 2 has been shown. The said amount belongs to the applicant no. 2. The applicants have no criminal history to their credit. The applicants are in jail since 08.11.2022. In case, they are enlarged on bail, they will not misuse the liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.
Let the applicants- Gajwa and Brahmapal involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:
(i) shall appear on the date fixed by the trial court;
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 4.1.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to be enlarged on bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Gajwa
Brahmapal
State of U.P.
Vivek Varma
Aditya Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
