Single judge allowed bail to applicant falsely implicated in theft/fraud case, releasing him on personal bond and sureties without commenting on merits of the case.
Release of applicant on personal bond and two sureties subject to conditions; prosecution may move for cancellation on breach.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57748 of 2022 Applicant :- Chhote @ Tajali @ Ravi @ Tajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 586 of 2022, under Sections 411, 414, 420 I.P.C., Police Station Ramgarh, District Firozabad during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. False recovery of a motorcycle was shown from the applicant. There is no independent witness to the recovery. The recovered motorcycle cannot be connected to any offence. The criminal history of the applicant has been explained in Pararaph-11 of the affidavit. The applicant is in jail since 27.10.2022 and if he is released on bail, he will not misuse the said liberty.
Learned A.G.A. 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 applicant is entitled to be enlarged on bail.
Let the applicant- Chhote @ Tajali @ Ravi @ Tajuddin, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
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 :- 23.1.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. despite allegations of false implication and unauthorized recovery of property.
Whether the allegations of no independent witness to recovery and false implication justify granting bail.
1 provisions across 1 enactments
Chhote @ Tajali @ Ravi @ Tajuddin
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
