Bail application allowed for a young applicant with no prior criminal history involved in an alleged vehicle theft gang. Court balanced nature of offence against length of trial and lack of antecedents.
Release on bail with personal bond and two sureties subject to conditions of not tampering and cooperating in trial.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6443 of 2023
Applicant :- Deepak Baisoya Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Rana Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case No. 681 of 2022, under Sections 411, 414, 482, 413, 34 IPC, Police Station Teelamodh, District Ghaziabad, during pendency of trial.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that on 09.30 P.M. one S.I. Praveen Kumar along with other police personnel were patrolling and checking the suspicious vehicles. The police show two motor cycles coming from opposite direction from Bhojpura Tiraha, the said motor cycles were stopped by the police by putting a barrier on the road, on finding the suspicious activity by the driver and pillar rider of the motor cycle. They were detained and after interrogation, police has arrested the applicant along with other accused persons. In the interrogation it reveals that applicant is a member of auto theft gang and involved in stealing bikes. The counsel for the applicant further submits that applicant has been picked up by the police on 12.12.2022 whereas the FIR was registered on 15.12.2022. He further submits that applicant is young boy aged about 21 years having no previous criminal history as mentioned in para 17 of the bail application and he is languishing in jail since 15.12.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and submits that applicant is member of auto theft gang and involved in stealing the bikes and six motor cycles were recovered on pointing out of accused persons, therefore applicant is not entitled to be released on bail.
In view of the fact that the applicant has no previous involvement in any of the case; applicant is a young boy of allegedly 21 years; 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, it may take some time to conclude the trial. Hence, therefore, there is no point of keeping the applicant in jail during the pendency of the trial. Hence, therefore, the bail application is allowed.
Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.
Let the applicant, Deepak Baisoya 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, the same shall be a ground for cancellation of bail.
Order Date :- 9.2.2023 Ujjawal
Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case under Sections 411, 413, 414, 482 IPC involving alleged vehicle theft.
Deepak Baisoya
State of U.P.
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
